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HomeMy WebLinkAbout900242.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR SINGLE FAMILY DWELLING UNIT ON A LOT UNDER THE MINIMUM LOT SIZE IN THE AGRICULTURAL ZONE DISTRICT - CLINTON AND JULIA WAREHIME 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 14th day of March, 1990 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Clinton and Julia Warehime, 22985 Weld County Road 61 , Kersey, Colorado 80644 , for a Site Specific Development Plan and Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District on the following described real estate, to-wit: SW} NE* of Section 7 , Township 4 North, Range 63 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. 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 proposal is consistent with the Weld County Comprehensive Plan. 7Y73 900242 Page 2 RE: USR - WAREHIME b. The proposed use is consistent with the intent of the Agricultural Zone District. The proposal will not remove prime agricultural land from production. c. The use will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. d. Special Review 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 a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. 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 the issuance of building permits, a Weld County Septic Permit shall be obtained for the proposed home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4 . Prior to recording the Special Review Permit plat: a. The applicant shall submit access agreement (s) which will provide the right to use a minimum 25-foot access easement from Weld County Road 61 to the site. The agreement shall include conveyance of the right to cross the Lower Latham Ditch. The agreement shall be recorded with the Special Review 900242 Page 3 RE: USR - WAREHIME Permit plat after approval by the Weld County Attorney ' s Office. b. The Special Review Permit plat shall be amended to show the access easement at least 25 feet in width. c. An erosion control plan, approved by the West Greeley Soil Conservation District, shall be submitted to the Department of Planning Services. e. The following notes shall be placed on the plat: i) Weld County does not provide access to this parcel by public right-of-way or publicly maintained roads. ii) School bus transportation will be available on Weld County Road 61 between Weld County Roads 46 and 48 . The requirements of School District RE-7 must be met before school bus service will be provided to the site. f. The legal description of the easement shall be shown on the Special Review Permit plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D. , 1990. 1 g . -t n) BOA OF COUNTY COMMISSIONERS ATTEST: WEL UNTY, C ORADO Weld County Clerk and Recorder e and Clerk to the Board 'Gene R. ner,Chairman CY: George Ke Kennedy, Pro-Tem puty County Cl rk EXCUSED APPROVED AS TO FORM: Constance L. Harbert 1,7.74/t 7 C--"-t--z.--e... ✓/, C.W. Kirby /_, y County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 900242 DEVELOPMENT STANDARDS Clinton and Julia Warehime USR-902 1 . The Site Specific Development Plan and Special Review Permit is for a single family dwelling unit on a lot under the minimum lot size in the 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 erosion conctrol plan approved by the West Greeley Soil Conservation District shall be maintained on the site. 4 . The dwelling on the property may be a mobile home or other dwelling unit. 5 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 7. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 8 . 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. 9 . 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. 900242 Page 2 DEVELOPMENT STANDARDS - WAREHIME 10 . 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. 900242 HEARING CERTIFICATION DOCKET NO. 90-3 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT _FOR A SINGLE FAMILY DWELLING UNIT ON A LOT SJNDER THE MINIMUM LOT SIZE IN THE AGRICULTURAL LONE DISTRICT - CLINTON AND JULIA -WAREHIME A public hearing was conducted on March 14, 1990, at 10:O0 A.M. , with the following present: Commissioner Gene R. Br-antner, _Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert - .Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant _County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business Baas transacted: _I hereby certify that pursuant to -a notice dated January 31, 1990, and -duly published March 1, 1990, in The New News, a public hearing was -conducted to _consider the application of Clinton and Julia Warehime for a Site Specific Development Plan and Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District. -Chairman $ranter informed all present that, with only four Commissioners present for this hearing, if the hearing should result in a tie vote, Commissioner Harbert would review the record and listen to the tape of this hearing before casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, representing the -Planning Department, entered the Planning Commission's recommendation for approval of this request into the record. Fred Otis, Attorney, came forward to represent the applicant. Mr. Otis said that main issues of controversy concerning this x-equest have been resolved. _Kim Lawrence, Attorney representing the Lower Latham Extension Ditch Company, said the ditch company withdraws its objection since the applicant-s have agreed to limit the access to one bridge for this quarter section. Mr. Otis submitted a letter from William Danks withdrawing his objections to this request. Mr. Otis asked that the references to a 30-foot easement in -Condition #4 be amended to refer to a 15-foot easement. He also requested that the application be amended to reflect the new access easement required by the use of only one bridge. Robert Frank came forward to represent his father, who owns property adjacent on the west of this property. Mr. Frank said the fence line is not on the surveyed property line, and he requested that the applicant be required to establish the fence line along the property line. Mr. Otis said this information is not relevant to this hearing. Mr. Morrison advised the Board that the established procedure for resolving this type of issue does not involve the Board. After discussion concerning the availablity of water on this parcel, Commissioner Lacy moved to approve this request, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation, with Condition #4 amended to refer to a 25-foot easement and subject to the additional Condition that the legal description of the easement is to be attached to the plat. The motion was seconded by Commissioner Kennedy. (Tape change #90-18) Commissioner Lacy reviewed the criteria for approval of a Special Review Permit. Commissioner Kirby stated that he would vote for the motion, but he has concerns about the access for other homes which may be approved in this area in the future. The motion carried unanimously. 900242 /, Y, Page 2 HEARING CERTIFICATION - WAREHIME This Certification was approved on the 19th day of March, 1990. APPROVED: y BO OF COUNTY COMMISSIONERS ATTEST: / C �'L 4 u Ptir3� WE LINTY, COLO 0 Weld County erk and Recorder t, and Clerk to the Boa— ri1 Gene R. Brant e , Chairman puty Countyk George KennedyTem EXCUSED Constance L. Harbert 1<xlC.W. Kir y EXCUSED DATE OF APPROVAL Gordon E. Lacy TAPE #9O-17 & #90-18 DOCKET #9O-3 PLO673' 900242 ATTENDANCE R C O IZ E PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: MARCH 14, 1990 DOCKET # 90-3 USR-SINGLE FAMILY DWELLING UNIT ON A _LOT UNDER THE MINIMUL LOT SIZE IN THE AGRICULTURAL ZONE DISTRICT - CLINTON & JULIA WAREHIME DOCKET # 90-5 USR & CERTIFICATE OF DESIGNATION - LAND APPLICATION OF COMMERCIAL SLUDGE LIQUID WAST-E MANAGEMENT, INC. & MARIE LOUIS &OLLNER DOCKET # 90-4 USR-OPEN-PIT GRAVEL MINE - C & M COMPANIES (BRIGHTON -LOCATION) NAME ADDRESS HEAPIrG ATTENDING tfiry..lz "F Jr.4-7 3 :A-o.: . a „ 7L-e.. -.-.J 1.-Licz ' ''1C6-tztkie xtC.,,.J,a.ti.� /4'.31, &t) r` 4-3 121 ..-cd I . 1 /:c _. 8/Trti •. /7” ' ak C 4 1/14--it;"AZ1 t ,e..41-? tri..2.1 1 a,cl,a A.,2,/, /ft, 4 3 ,,J4 4 Ce Ali,.�� 154 _ n.y�l - ta/,Thit Wbt r'7 }-i�cr/��c<-v 9/25 ii;�/�. ,1-c ,j / '� ra disco a L... 9/i9,±7 33.0 1A ch.t„ o /�2&e li ,.,.--A o at,.r1, 06.J0:-,- ili t.,,x. - 9 a'j ex-)c-le (p / lea 7 i t x.. rt l.(�(.c�R�r c-,-.-L a a51' 5j Lc.'e, (6, i Y _ . /on < 1I its 6 Utuke,,,,..,..__ 1t 7 TR'9iVg- iy / /1 V 1,4/718 i4/4 J?bbxr-1 g01ccer'tiPs5 A3c1C' wC/4? 6 / kietni, ` h /ILIL /cep ki e A 6o viis. s i 2_ 3 9q 1-4-4-1.4 3 S'`) bt/l rein- f 0 ,,,./ PC r17 2 civrn /i (37, 12,, c- if-1 ; 7- gjo cgs Fe% - 9 G_ ,,> ,dr , A 3 2;, 5 6 ads d T,v 3201 ct v5( ;N* . 6 1 90 AtErinV B 5/E/3R//v'G 3/73- WC(t 4i 111L/Er&y qtly „ e 1a)' ' n 0 i-kizilit 5/637 ( e Act 56 /limit L- act,,"1+1_4,1- Lid par 900242 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 14, 1990, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property And purpose described below. Conditional approval of this plan Creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Clinton and Julia Warehime 22985 Weld County Road 61 Kersey, Colorado 80644 LEGAL DESCRIPTION: SW} NE} of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED IJSE: Sing1A family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District SIZE OF PARCEL: 40 acres, more or less Failure to abide -by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE -BOARD BY: Mary Reiff, Deputy PUBLISHED: March 22, 1990, in The New News 900242 PUBLI NOTICE The Beard el County aDof Weld County, evasMarch 14, 1 approved a Site elopment-Planted a Special Rand 0urPperrniit scri the eg�w�nnllaarntC�ondi or apptaval ested uant to Article Duo ittleittle 24,_ilt RS.-as creates _amended, for a period of three years. APPLICANT: Clinton:and Julia Warehime - 22985-Veld County Road 61-Kersey,,Colorado I LEGAL DEf CRIP'ctionT OT: p/4 North, Range 63 West of-he 6th P.M. Weld County,Colorado MNSITY OF APPROVED USE: Single family dwelling unit on-a lot under the -r-.— minimum lot size in the J A�gricWlurarzone District J \ CT7.F OF PARCEL: 40 acres, more or less B�tarn Fallon �oftapproval win��ult in a forfeiture of the vested property mghBOAARRDDaOQF�GCOUNTY WELD COUNTY ASILSRRAADO BY: MARY CLERK AD �\ m RECORDER R ACLERK�R TO c} c1- ` ` \C �.,_, pupll�BY: In The Reiff, News March2l,IMO. ,,,„ 7 _.... 1_, n,, f „p—d�cCi` �i��- — ��J 9,0242 NOTICE pursuant to the zo ing-laws of the state 05 Colorado,and the Feld Ordinance,a public hearing be held in the Chambers ooffrtahe BWeld t oun t unyy Co lCenter, 9&et i off W Cen street,Fuse Floor, Greeley, Colorado, at Alimeapec�ed. All persons-tn any Sir Interested-Development P1ssn alnd Special -Review Permit are requested to attend and may be eh aeruldd the applicant or any interested Pe desire r e presence of a court cportdm8s m -a addition to of the the prod record which will be kept during the .. :'. hearing, the_Clerk the rd's i Office shall be-advised in writing of such action at least lhffiv f prior ttoogthe Iatrin8. _. _ borneg by a cour BE IT ALSO O that the WWeld�pPleming-so ��O� maybe examined-in the o Ce Clerk bnere, located Gaudy Cr..' Weld County Centennial Center, 915 1 Street, Third Floor, p�Ores I Np tIo. CANT: Clinton and Julia DATai°Marchr Colorado 6011 County NAVE: Marsh1990 TIME: ,,r. A.M.. {Site S ifc Development Plan and Singleaad� yy} / dweWnB Review Permit 4zelo in g tr he /!tGLt�iv�..�'._.. -FgSecCtf WIIOTownship 4 NE1/4 of North, a�3tyW�aotloorf the 8th / ,C% i --MN: d 8 N-Weld. Ea�dmoaftelWye W County a[ Sa Road 50�re swrtb r8e BO -OF RS WEIR COUNTY ;i� BY: MAR A�NpD RECORDER AND ARD Deputy Boo , News Cr —27142.-1._ 1 0. 2 900242 • Affidavit of Publication L E .R a. STATE OF COLORADO A @kit 1 County-of Weld ss. _NOTICE I A.Winkler-Riesel of said County of Weld being duly sworn,say Pursuant to the waiting laws of the-State of that I an publisher of Colorado and tbd Weld -County Zoning Ordlnance,a publW$aaring wall» hold In the FORT III PT OM M DR F-C S Chambers of Abe Board of _County that. the same is a weekly newspaper of general circulation-was Commissions of-geld County, Colorado, printed-and published in the-town of Weld County Csntiltnlal Canter; 915 10th Street, First Floot,*eel»y, Colorado, at the FORT I LIPTON time -specified. AZ,:parsons in any-manner in-said county and state that the-notice of advertisement, of which interested in the,Um Specific Development the exed4s a_true been published in said weekly Plan and Special Resin Wrmh an minted newspaper for forehand and may be heard. /( Should the applicant or any interested party (JC--v��- consecutive weeks: .desire thsTrrssenaof a-court reporter to make that the notice was pubishedtn the regular and-entire issue of every ■ record of_the ppryrgmpggpddlnjs, In additlpn to::the number of said newspaper during the-period and time of publication 'taped record i*ti Svia the kept during the of said notice and in the newspaper proper-and-not ina supplement Mating,the perk ie lb. Bard'.IonW ahaii be the •eq• •that the first publication-of said notice was contained inthe advised In-writing of such action at least five lae`T,-rdyof newspaper bearing the>iate of days prior to the*Ong.The eost-of engaging a court reporter'Shaul be borne -by the "�. ? A.D 19 cr.) aad the last publication requesting party. - t}tereof.in tµ}t rue of-said ncwspaper.±earhtg date. r7 BELT ALSO KNOWN-Dwt the text and maps so the day of certified thy the .Weld _County "Planning of Commission may a examined in the lane ng -li.-,-ere----Th 1cET' that the said the -Clerk to th Board INK County y OINSIMISSIMInt, Mt Skit esateeMel -Der II lith net FORT I IIPTOM PRFCC ills' K' has been published continuouslyand uninterruptedly during the -D em MO. gs- „'" period of at least fifty-two consecutive weeks next prior to theflrst issue thereof thereof containing said notice or advertisement above referred to:and that said newspaper-was at the-time ref each of the onrnd June Watehtme publications of said-notice-duly qualified forlhat purpose within the -Weld CountyRtoad 51 meaning-of an act entitled. An M Legal Notices. :'itsraey, Coloradoll0644 Advertisements and-Publicatio... and th -em of Printers and Publishers thereof.- nd to ' all Acts •d-Parts of Acts in -DATE: March 14, 1990 - Conflict wi j of th "a Alm•• �921.and -. TIME:10:00 a.m. allam-•• .ter _ -,f and.p arly as amen.-• by anact REQUEST:80M Spey*'Devslopmsnt Plan-and approved r .. < and . �. J•. May Ir.19$1. Special aiavlew PetiilR- Single-family dwelling unit oh a lot under: minimum let sire In the - ' Agricultural Zone •fisher LEGAL AESCRIPT SWIM NE114 of Section 7,Township 4 Noetltf*angs SS West of the 5th c1• d and -sworn to before me this day of PAL, Weld County, orado. '-- , : s - ,• r •9 LOCATION: East yiy,�W` ald County Road-61, approximately 1.6 Tress south of Weld County Road 30 `L'-����" k , BOARD OF COUNTY COMMISSIONERS ! 1 Notary Public WELD-COUNTY, COLORADO 41-c DFMUFIR -A I/-FMIIF MARY ANN FEUERSTEIN COUfCLERK AND RECORDER tJLERK-TO THE BOARD F OT T I !I PT O M CO R OS 37) •'' BY:Shelly MiN*q'Deputy DATED-4anuary S1;,S1g60 My commission expires June 1992 APlibilalmtkAftfiltiptilearpton Peen February My Commission-expirfdsJune*1992 28. 7990. - 960242 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 he 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. 90-3 Clinton and Julia Warehime 22985 Weld County Road 61 Kersey, Colorado 80644 DATE: March 14, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone District LEGAL DESCRIPTION: SWi NEi of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 61, approximately 1.5 miles south of Weld County Road 50 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: January 31, 1990 PUBLISHED: March 1, 1990, in The New News 900242 DATE: January 31 , 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 hearings for the 14th day of March, 1990 , at 10 : 00 A.M. Docket No. 90-3 - Site Specific Development Plan and Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural Zone _District - Clinton and Julia War-ehime Docket No. 90-5 - Site Specific Development Plan, Special Review Permit, and Certificate of Designation for land application of commercial sludge - Liquid Waste Management, Inc. , and Marie Louise Gollner OFFICE OF THE CL R TO THE BOARD BY: -#6. 7,,,,,,A. / Deputy it The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BO D OF COUNTY COMMISSIONERS WE Q�C�O�UN�/TY, COLORADO bfQ l ��f """ "in' ti"� scO242 STATE OF. COLORADO ) COUNTY OF WELD ) David B. Reynolds, -bein-g duly sworn . says that he is publisher of the New News, a weekly newspaper -published in Keer:esburg in said County and State; tha-t _said newspaper has a general circ_ul_ation in said County and has been continuously and uninterruptedly published -therein , during a period -of at least fifty-two consecutive week: -prior -to the first publication of the annexed not.ic-e; that said newspaper is a newspaper within the meaning of the Nl)'I'ICEO.PUBLIC1fEARING 'fie Weld Caen PWwng act of the Oener-al Assembly of the Commission will a pun hearina oo Tuesday, January �, State of Colorado, entitled "An Act d, at 1:3�8-p.m,for-the rile to regulate the printing of legal at °t Plan_a°d a Bpi Review Permit for the 2 notices and advertisements, " and desalted below. Gov the roped �y Ze a vested amendments thereto; that the notice "snit to of which the _annexed is a p t iT1 t d CANT: Clinton and Julia copy taken from s.aid newspaper, was LEGAL Section774N; R<xtwlof pu b l i s j-e d i n said newspaper, and _i n Colorado ' the 8th P.Bf.' Weld County, ' the regt_I l ar and en ti►e As-sue of I' INTENSITY -0F PO6ED USE: A i rill every number thereof , once _a/ u{�FR° Lot She in the A cultural)sane district 0,e week for weeks; that said L0CAM0N: East orWeld Cau►s notice was so published in said 2NVaaass �' newspaper proper and not in any �` p4�0 or less in supplement thereof , and that the the Weld County_ Commissioners amino Room, not door, lid first ty Centetln[al Curter. 915 publication l i e a t i o n o f said -notice d -n o _.ice a s m011 1 street, Greeley, Colorado. is or objections related to aforesaid , was on the at a requrst sbwlld be in"'l to the-weld 89 County Deoartlttennt d Planning om t7 / day o f —.._� I-95**- , .. GieeteY7e�Colorado 80&11 and the last on the at the public earing-on date or presented January / 83, 28,1990. Copies of the application are available for public ic tospeohoo in day f -- 7 _— 195?". the _Department -of Planning Services Rolm 342,Weld County IS:??452_ Stree,Centen Gure�leial 6�e, C 913 TenthPhone-Ga l,.� a+4toolErnie Rau'ClwrmanWeldlty Pla�nning Conmlisaion Jo be 1putduhed one (1) time by MO Subscribed andn to before u�� New News, me this c9 day of December, 1989. ti t.c'::• Public ,'`y' cc:c1 fission expil c 9--ty.-.9l; n �y T- II• ,,, ,'TI • / I i;,J Cliff• .a, 90'0242 DANKS AND IMATANI Attorneys At Law 3033 E. First Avenue• Suite 303 Cherry Creek National Bank Building Denver,Colorado 80206 William C. Danks Telephone(303)377-5542 Edward Imatani March 13, 1990 Telecopier(303)321-1139 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Co. 80531 Re: Docket No. 90-3 Applicant: Warehime Dear Commissioners: I am writing to withdraw my opposition to this application which I Expressed in my letter of March 5, 1990. Thank you. Very truly yours, C ,d44.4 , C . :Ua.,�,- WILLIAM C. DANKS WCD:bk cc. Clinton & Julia Warehime Robert & Sharon Holdern-ess yam- rt 9 ;242 LIND, LAWRINCE & OTTENHOFF AI IORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O.BOX 326 CREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND .LAWRENCE (303)3569160 KIM R March 9 , 1990 TELE(303)COPIER TELECOPIER (303)356-1111 Ms . Lanell J. Currey Weld County Planning Department 915 Tenth Street Greeley, Colorado _80631 Re: Application of Clinton and Julia Warehime USR 902/Docket No. -90-3 Dear Ms Curry: I represent the Lower Latham -Extension Ditch Company which is concerned about the Warehime application No. 90-3 set for hearing March 14 , 1990 at 10 :00 a.m. before the Commissioners . Access to the Warehime property is by a bridge over the Lower Latham Extension Ditch which was constructed pursuant to an Agreement between the ditch company and the Warehime' s predecessor, William A. Moore, a copy of which is enclosed. A single -bridge to access this property was anticipated when this agreement was made. The ditch company is opposed to having two bridges across the ditch in this area as it makes maintenance and operation of the ditch more difficult. One bridge should be sufficient to provide access to all owners of property in the northeast quarter of Section 7 . The ditch company is opposed to the granting of the Warehime application unless the following condition is attached : 1 . Access to the Northeast Quarter of Section 7 , Township 7 North, Range 63 West of the -6th P.M. , or any part thereof, over the Lower Latham Extension Ditch shall be by a single bridge which now exists pursuant to an Agreement dated February 26 , 1985, recorded at Book 1063 , Reception No. 2O042-99 on April 2, 1985 . Sincerely, LIND, LAWRENCE TS OTTENHOFF Kim R. Lawrence , KRL/j eh MAR 1 2 1990 1 xc: Carl Hergenreder Fred Otis , n olotnii B ,63 i2EC 0200439-9 0.1/02/85 ' 4 : 26 $6 . 00 1 /002 AP20I14299 F 2180 MARY ANN FEUERSTEIN CLERK I RECORDER WELD CO, CO • AGREEMENT THIS AGREEMENT made and entered into this 26th day of February, , 11383, by and between the Lower Latham Extension Ditch Company, hereinafter referred to as "Latham, " and William A. Moore and Sylvia A. -Moore, hereinafter referred to as "Moore, " WITNESSETH: WHEREAS, Moore is the owner of the Northeast Quarter of Section 7 , Township 7 North, 12ange b3 West of the 6th P.M. , Weld County, Colorado; and WHEREAS, the Lower Latham Extension Ditch traverses the property of Moore' s and Latham has an historical right-of-way for the ditch through said property; and WHEREAS, Moores wish to construct a road bridge over the ditch and right--of-way of Latham on the Moore property. NOW, THERE-FORE, in consideration of one dollar (-$1 . 00 ) and other good and valuable considerations and the mutual promises and covenants of the parties -hereto, it is agreed as follows : 1. Latham hereby grants to Moores the right to build said road bridge and telephone line, maintain, alter and repair the same across the right-of—way and ditch of Latham. 2 . Moores agree to construct and maintain the road bridge in such a way that the bridge stringers shall be and remain a minimum of five feet above the bottom of the canal. 3 . Moores agree to maintain said road bridge in working condition, to clean any debris that might pile up and to keep weeds and other objectionable material free and clear twenty-five feet in all directions from the edge of the bridge. 4 . Moores agrein to make all necessary repairs or maintenance upon the bridge so as to prevent it from obstructing the flow of water in the ditch or prevent the accumulation of debris around the bridge. 5. Moores further agree to indemnify and hold harmless Latham on account of any damages sustained by Latham and from any and all claims by any other party for damages against Latham arising -by reason of the construction and location of the road bridge across the Latham Mitch and right-of-way. -1- 900242 B 1063 REC 820042-99 04/02/85 14 : 26 $6. 00 2/002 F 2181 MARY ANN TEUERSTEIN CLERK & RECORDER WELD CO, CO 6 . If for any reason the road brid-ge or telephone line is abandoned or not used for three con-setutive year-s , all ri-ghts of the Moores under this Agreement are termi-nat-ed. 7 . This document represents the complete agreement of the parties -hereto anti no parol modification shall be recognized. Any amendments or additions shall be made in writing signed by the parties . This Agreement is binding upon the parties, their heirs, administrators, successors and assigns. IN WITNESS WHEREOF, Latham has, by the authority of its Board of Direetor-s, _caused this Agreement to be executed in duplicate by its President and attested by its Secretary, and William Moore and Sylvia A. Moore have executed this Agreement in rluplirate. DATED the date and year first written above. Illllll/ /42.;} \\ ,tiky .. .... COMPANY fp LOWER ATHAM -EXTENSION DITCH 0 J Xi111ic By( ' ; 7 /.:ci ; , , t .�.: .: � Carl Herge-treder, President T5'3.i�`3..•' .p `d\ 'yf,‘° c°.coON�°'l l���1.. ( sejy ///lllll. Secretary , ,J C -n,- ( 1 , -2-4- WILLIAM A. MOORE SYLVIA A. MOORE -2- 900242 WILLIAM C. DANKS Attorney at Law 303 Cherry Creek National Bank Building 3O33 East First Avenue Denver, Colorado 80206 (303)377-5542 March 5, 7990 Board of County Commissioners Weld County, Colorado 915 1Oth Street, Room 342 Greeley, CO 80631 Re: Docket No. 90-3 Applicant: Warehime Dear Commissioners: I am writing to oppose this application. My wife, Noblet Danks, and I own the Southwest Quarter of Section 6. In 1984 , the previous owners of our property (Holderness) granted an easement to the previous owners of the Northeast Quarter of Section 7 (Moore) . At that time, the Moore's owned the entire quarter section. The easement -permits access to that property from Weld County Road 61 along the southern boundary of our property. If the application of the Warehime's is granted, additional people will want to use the easement. We believe that the easement was not intended for subdivided property. We, therefore, will object to anyone using the easement if the quarter section is divided. If the Warehimes wish to 'divide their property, they need to make arrangements for access over another route. The only notice which we have received is for the March 14, 1990 hearing. We did not receive notice of any previous hearings. Very truly yours, WILLIAM C. DANKS wcd:bk cc: Clinton & Julia Warehime Robert & Sharon Holderness 900242 f v Summary of the Weld -County Planning Commission Meeting January 23, 1990 Page 2 The Chairman asked -the applicant if he had reviewed the t-ecommendations and conditions -presented by -the Department of Planning Services' staff. He stated he -has, and has no objections to them. The Chairman asked that the staff's recommendation -be filed with the summary as a -permanent record of these proceedings. MOTION: Jerry Kiefer moved Case Number S-310 for Bob McComb for Union Colony Bank and Gary M. -and Kimberly A. Wiedeman be forwarded to the Board of County Commissioners -with the Planning Commission's recommendation for approval based upon the recommendation and _conditions presented by 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 -0f the Planning Commission for their decision. LeAnn Reid — yes; Judy Yamaguchi - yes; Ann Garrison - yes; Butt Halldorson - yes; Bud Clemons - -yes; Jerry_Kiefer - yes; Ernie -toss - yes. Motion carried unanimously. CASE NUMBER: USR-902 44 APPLICANT: Clinton and Julia Warehime, c/o Fred I.. Otis REQUEST: A Site Specific Development Plan and a Special Review permit for -a single -family dwelling unit on -a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRI4,TION: -SW} NE& of Section 1, T4N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County -toad 61, approximately 1.5 miles south -of Weld County Road 50. APPEARANCE: Fred Otis, Attorney at Law, represented the applicants. This request is for a Special Review Permit to sell forty acres of their property and allow a single family dwelling to be placed on it. Mr. iwarehime is totally disabled and the Frasiers, -who plan to buy and improve the property, are driving from Denver to help the Warehimes. The only _objection from any referrals is that the school buses will not go to She door. This request -would be proper _use of this property end it fits into the requirements of the Comprehensive Plan. Fred Otis stated -he is rejecting the staff's recommendation -for denial. They are not taking agricultural land out of production because there are no water rights. Currently, -the land 1s essentially useless. 306242 i I .lac+ - • Summary of the Weld County _Planning Commission Meeting January 23, 199D Page 3 Julia Warehime, property owner, reported thrs _farm is -dryland and has not been farmed that she is aware -cf. she people _buying the forty acres would landscape their property and plant it to native grasses. There is already and existing domestic well on the proposed -forty acre parcel. The Chairman called for _discussion _from the audience. Robert Frank, -whose father owns property -to the west, stated he has no objections to this proposal. Mrs. £rank Duell stated they used to farm this property. There are sonny weeds on the property _because it was broken out of native sod and farmed. -This quarter section did not have water with it, but they used water from another quarter section on part of it, and -on the remainder of the land they farmed 4ryland -grains. The Chairman -asked Lanell Curry to road the _recommendation of the Department of Planning Services' staff into the record. The Planning Commission members asked Lanell Curry if the staff tad prepared conditions of approval and development standards. These were _distributed to the members of the Planning Commission. Tape 367 - -Side 1 MOTION: Ann Garrison -moved Case Number USR-902 for Clinton and _Julia -Warehime for a Site Specific Development Plan and a -Special Review permit for a single family swelling unit ran a lot under the minimum lot size in the Agricultural zone _district be forwarded to the _Board of County Commissioners with the Planning Commission's recommendation for approval based upon the following: 1. If the land were split off and a house -was built and the people -who bought the land -would replant the land, eventually the land would be in better shape than it now is. When she inspected the site, she -was concerned about the possibility of blowing weeds; however, if the weeds weren't there the land -would blow. I₹ the Warehimes don't have the means to farm it, the land -could -be put into better use by -having it split off, another house built there, and the remainder -cf the land being planted to grass. 2. -The Development -Standards and conditions prepared by the Department of _Planning Services' staff be in incorporated into the recommendation. 960242 Summary of the Weld County -Planning Commission Meeting January 23, 1990 Page 4 The Chairman called for discussion from the aneaber-s of the Planning Commission. Discussion followed. The Chairman asked the secretary to -poll the members of the Planning Commission for their decision. LeAnn Rein - no; tidy Yamaguchi - -no; Ann Garrison - yes; Bud Halldorson - yes; Bud Clemons - Yis, because this is not prime agricultural land. -Senate Bill 35 was passed to prevent prime land from being taken out of production. This should _improved the area rather than detract from it. Jerry Kiefer - yes; Ernie Moss - yes. Motion carried -with five voting for the motion and two voting against the motion. CA-SE NUMBER: USR$99 APPLICANT: B.L. Ventures, Incorporated, c/o KenLimrd REQUEST: A Site Specific Development -Plan, Certificate of Designation, and a Special Review permit for a livestock trailer wash facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW} of Section 1, Tit, R65W o₹ the 6th Y.M., Weld County, Colorado LOCATION: approximately 1.5 miles east of the City of Greeley; south of Highway 263 (E-ast tth Street) , between ipid County Roads 47 and 49. APPEARANCE: Ken Lind, Attorney, represented the applicants. This request is for a livestock -trailer washout facility. The request Ins been approved by the State under the Solid Waste Disposal Regulations. Only the land forth of the Ogilvey Ditch, -which is the washout facility area', will be fenced. This property is a parcel of wasteland that will be turned into a profitable venture. They have reviewed the staff recommendations and are taking exception to Development standard 25. They would prefer following the recommendations of the soil conservation district rather than returning the land -to the original contours. Judy Schmidt, -Weld County Environment Health Services, stated the applicant is required to kelp a daily log of all activity. Also, the Health Department #has set Strict standards for odor. Cecil Crow, Alpha Engineering, reported the capacity of this facility is engineered for approximately ten trucks per day. This is a contained system so there is no danger of envizonmental contamination. Tape 367 — Side 2 Bill Lamb, applicant, stated he will be on site froo 7:00 a.m. to 6:00 p.m. each day. He will wake sure -that no tractors are washed at this facility. 900242 aA 6 1990 BEFORE THE WELD _COUNTY, COLORADO, PLANNING COMMISSI _ r ' SUREELKY. COLD. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved b the Weld County -Planning Commission that the application for: F�7.� : a ^n. .• -- fria r. c, e ' r CASE NUMBER: DSR-902 .. :- `t ` NAME: Clinton and Julia Warehime ;IL= ifi . ADDRESS: 22985 Weld County Road 61, Kersey, CO 80644 OREELEPC. COyp, nIQ REQUEST: A Site Specific Development Plan and a Special Review Permit for a ' single family dwelling unit on a lot under the minimum lot size in fJ_ the Agricultural zone district LEGAL DESCRIPTION: SW} NEI of Section 7, T4N, R63W of the 6th T.M. , Weld County, Colorado LOCATION: East of Weld County Road 61, approximat-ely 1. 5 miles south of Weld County Road 50 be recommended favorably to the Board of County Commissioners for the following reasons: 1 . If the land were split off and a house was built and the Teople who bought the land would replant the land, eventually the land would be in better shape than it now is. When she inspected the site, she was concerned about the possibility of blowing -weeds; however, if the -weeds weren't there the land would blow. If the Warehimes don' t have the -means to farm it, the land could be put into better use by having it split off, -another house 3huilt there, and the remainder of the land being planted to grass. 2. The Development Standards and conditions prepared by the Department of Planning Services' staff be in incorporated into the recommendation. Motion seconded by Bud Clemons. VOTE; For Passage Against Passage Ann Garrison LeAnn -Reid Bud Halldorson Judy Yamaguchi Bud Clemons Jerry Kiefer Ernie -Ross 900242 USR-902 Clinton and Julia Warehime Page 2 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 January 23, 1990, and =-ecorded in Book No. XII of the proceedings of the Planning Commission. Dated the 24th of January, 1990. o L 1ua Qo ch Bobbie Good \\ Secretary 91/4-0242 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Clinton and Julia Warehime USR=902 1. The Site Specific Development Plan and Special Review permit is for -a single family dwelling unit on a lot under the minimum lot size in the 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 erosion conctrol plan approved -by the West Greeley Soil Conservation District shall be-maintained on the site. 4. The dwelling on the property may be a mobile home or other dwelling unit. 5. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 7. The property owner or operator shall be responsible for complying with the Operation _Standards of Section 24.6 of the Weld County Zoning Ordinance. 8. 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 St-andards stated hereon and all applicable Weld County Regulations. 9. The Special Review area shall to 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 Joy 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. 10. 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. SCO242 CONDITIONS OF APPROVAL CLINTON AND JULIA WAREHINE USR-902 1. She att-ached 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 hot 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 the issuance of building permits, a Weld County Septic permit shall be obtained for the proposed home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4. Prior to _recording the Special Review permit plat: - the applicant shall submit access agreement(s) which will provide the right to use a minimum 30 foot access easement from Weld County Road 61 to the site. The agreement shall include conveyance of the right to cross the Lower Latham Ditch. The agreement shall be recorded with the Special Review permit plat after approval by the Weld County Attorney's -Office; the Special -Review permit plat shall be amended to show the access easement at least 3D -feet in width; - an erosion control plan, approved by the West Greeley Soil Conservation District, shall be submitted to the Department of Planning Services; and - the following notes shall be placed on the plat: - Weld County does not provide access to this parcel by public right-of-way -or publicly maintained roads; and School bus transportation will be available on Weld County Road 61 between Weld County Roads 46 and 48. The requirements of school District RE-7 -must be met before school bus service will be provided to the site. 9(.0242 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR 902 Clinton and Julia Warehime Submitted or Prepared Prior to Hearing At Hearing 1. Application 18 Pages X 2. One Application plat(s) one page(s) X 3. DPS Referral Summary sheet X 4. DPS Recommendation X 5. LIPS 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. January 15, 1990, referral from Platte Valley Fire _Protection District X 12. December 27, 1989 Referral from Greeley Soil Conservation District X 13. January 2, 1990, referral from Weld County Engineering X 14. January 2, 1990, referral from Weld County Health Department X 15. _January 18, 1990, Referral from Platte Valley Schools X I hereby certify that the 15 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 January 26, 1990. y �Cllrrent P er STATE OF COLORADO ) COUNTY OF WELD SUBSCRY-a8 AND SWORN TO BEFORE ME _THIS z,4j" day of pv�,��c.s 19 sV . A•�OTARy AL }. 'j ll NOTAR BUBLIC My CommiS'sion -Expires My Commission Expires Feb. 13, 1993 900242Ex{ubt f/4 1 EXHIBIT INVENTORY CONTROL S}IEET Case 1,1%5R— I/ 'aJttl t-4A,1 e c-n x -& Q, Exhibit Submitted By Exhibit Description A. Amin •Ap S-/m,_ sin 9Gi iu B. PI /A /x2.1a40d 7 / ary���szoe� C. Ata,,,,isinicazni � ,�� ,, > D. (i, .kd 4 A Jorvoc ;p E. ( ktif & UL> isP- C. >, ?f�__,Lc>2!•cr `.717` I .etc // vezezee,./.- .2?'_i`t/ ) H. I. J. K. L. M. N. 0. 900242 Date: Uanuary 23, 1990 CASE NUMBER: USR-902 NAME: Clinton and -Julia War-ehime ADDRESS: 22985 Weld County Road 61, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the Agricultural zone district LEGAL DESCRIPTION: SW} NE} of Section 7, T4N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 61, approximately 1.5 miles south of Weld County Road 50 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The applicant has not demonstrated in the submitted application materials that the standards and conditions of Section 24.3 of the Weld County Zoning Ordinance have been met. The proposal is not consistent with the Weld County Comprehensive Plan -Agricultural Goals and Policies. The Comprehensive Plan discourages conversion of agricultural land to residential development when the subject site is located outside of a municipality's comprehensive plan area or urban growth boundary area. The policy is intended to promote conversion of agricultural land in an orderly manner that is in harmony with the phased growth plans of a municipality and the County. It is also intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban-type uses. The policy is intended to minimize the costs to Weld County taxpayers of providing additional public services in rural areas for uses that _require services on an urban level. This parcel of land is not located in an urban growth boundary area and is intended to remain agricultural -rather than develop residentially. -This proposal is not consistent with the intent of the Agricultural zone district or with the future development of the surrounding area as permitted by the existing zoning. The Agricultural zone district is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses. Agriculture in Weld _County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected land uses. The area is intended to remain agricultural in tature. S 242 IJSR-902 Clinton and Julia Warehime January 23, 1990 Page 2 - The use which would be permitted would not be compatible with the existing surrounding land uses. Surrounding parcels of land are from 160 acres to 320 acres in size and are used for irrigated crops and pasture. The creation of a nonirrigated 40 acre parcel in this area for residential purposes is -not compatible with existing land uses. - Adequate access is not available to the site. The applicant has proposed a private access easement .75 miles in length from a public road to the site. Public maintenance of the easement would not be provided by Weld County. Concerns have been expressed by the Platte Valley School District regarding school bus service. The School District has stated that bus service would not be provided to the site unless certain road standards are met. The cost of providing the road improvements would be prohibitive to the applicant. 900242 ‘,711--;--.:1 ) AV! DEP-ARTMENTOF PLANNING SERVICES \, PHONE(303)3564000,EXT.4400 915 10th-STREET GREELEY,COLORADO 80631 • CASE NUMBER IISR-902 COLORADO December 13, 1989 TO WHOM IT MAY CONCERN: Enclosed is -au -application from Clinton and _Julia Warehime for a Site Specific Development Plan and a Special Review Permit fora single family dwelling unit -on a lot under the -minimum lot size in -the A (Agricultural) zone district. The -parcel of _land is described as the SW* NE-} of Section 7, T4N, 7263W 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 61, -approximately 1.5 miles south of Weld County 12oad 50. 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 December 27, 198S, so that we may give full consideration to your recommendation. Please call Danell 7. 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 nur Comprehensive Plan for the following reasons. _ ) 2. We do not have a Comprehensive Plan, but -we feel this request E'P I (is/is not) compatible -with the interests of rnir ltown for the following reasons: __; 'C: ._ We have reviewed the request and find no conflicts with -our interests. •J 4. a formal recommendation is under consideration and will be submitted to you _prior to: 5. please refer to the enclosed letter. Agency: 62ZYZ 7Y/;-/� • Date: i//rz; /4.74 (� 9CO242 C242 CONDITIONS OF APPROVAL CLINTON AND JULIA WAREHIME USR-902 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 secording 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 ar 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 the issuance of building permits, a Weld County Septic permit shall be obtained for the proposed home septic system and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4. Prior to re-cording the Special Review permit plat: - the applicant shall submit access agreement(s) which will provide the right to use a minimum 30 foot access easement from Weld County -Road 61 to the site. The agreement shall include conveyance of the xight to cross the Lower Latham Ditch. The agreement shall be recorded with the Special Review permit plat after approval by the Weld County Attorney's Office; - the Special Review permit plat shall be amended to show the access easement at least 30 feet in width; - an erosion control plan, -approved by the West Greeley Soil Conservation District, shall be submitted to the Department of Planning Services; and - the following notes shall be placed on the plat: Weld County does not provide access to this parcel by public right-of-way -or publicly maintained roads; and School bus transportation will to available on Weld County Road 61 between Weld County Roads 46 and 48. The requirements of School District RE-7 -must he met before school bus service will to provided to the site. 9G0242 . SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Clinton and Julia Warehime USR-902 1. The Site Specific Development Plan and Special Review permit is for a single family dwelling unit -on a lot under the minimum lot size in the 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 erosion conctrol plan approved by the West Greeley Soil Conservation District shall be maintained on the site. 4. The dwelling on the property may be a mobile home or other dwelling unit. 5. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6. The property owner or -operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 7. The property owner or -operator shall be responsible for -complying with the Operation Standards -of Section 24.6 of the Weld County Zoning Ordinance. 8. 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. 9. 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 ±e filed in the office of the Department of Planning Services. 10. 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. 900242 LAND-USE APPLICATION SUMMARY SHEET Date: January 16, 1990 CASE NUMBER: USR-902 NAME: Clinton and Julia Warehime, c/o Fred L. Otis, Attorney at Law ADDRESS: 22985 Weld -County Road 61, Kersey, CO 80644 REQUEST: A -Site Specific Development Plan and a Special Review permit for a single family dwelling unit on a lot under the minimum lot size in the A (Agricultural) zone district LEGAL DESCRIPTION: SW* NE* of Section 7, T4N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 61, approximately 1.5 miles south of Weld County Road 50 SIZE OF PARCEL: 40 acres, more or less 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 West Greeley Soil Conservation District, Weld County Engineering Department, Weld County Health Department, and Platte Valley School District. Copies of these referral responses are included in this summary packet. 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'" i1r ll n; ' { ' 4„ • i., } } •�f ₹ x (" r °`•g Est + ea* • iF, }`�. 'kr y _ m a i a e 1 D • „., ' ,fit . Ct `+' y _ c a- 'S A....„. _ g "1 47+T ` 1 y f 4 Y{ -. 1qq 00242 T �'j x a �� „�[„ YT„ � r� iY F�* Sk5� f ! h { R r .0 `v tt. C - y.,^-yyr.3}� , nr. A.d ? y • :,ham Y 2:...,,,,••• �.:40t'.i!F %% ,1- may,. 4:';' • CT FAIpkL } 4' 3i l2' $,,;A:411',......_,., T :- * x �. sr •a.,,€ 'fir'` ar ,r ' a4 ° �rx� Jr; •• - i 7r ' a FIELD CHECK FILING NUMBER: USR 302 DATE OF INSPECTION: _December 18, 1-989 NAME: Clinton and Julia Warehime REQUEST: A site Specific Development Plan and a Special Review permit for -a single family dwelling on a lot under the minimum lot size in the Agricultural zone district. LEGAL DESCRIPTION: -SW} NE} of Section 7, T-4N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles east of Weld County Road fit, approximately .25 miles south of a _private access road. LAND USE: N -tow crops, private access road E Pasture, 2 mobile homes within .50 miles, ditch S Pasture W Oil and gas production, row crops, Weld County Road 61 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to this parcel is east -from Weld County Road 61, a gravel road, on a private access road, and then south approximately .25 miles on a private access easement. The parcel is currently in pasture. The terrain south of this parcel slopes up. The property east of this -parcel is used for pasture and horses. The access easement to this parcel was not visible. l � �a ell J. C y Current -Planner 900242 REFERRAL LIST NAME: Clinton and Julia -Warehime CASE NUMBER: USR-902 REFERRALS SENT: December 13, 198-9 REFERRALS TO BE RECEIVED BY: December 27, 1989 COUNTY TOWNS and CITIES _Attorney _Ault X Health Department _Brighton _Extension Service Dacono _Emergency Management Office _Eaton _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 _Hudson _Highway Department _Johnstown _Historical Society _Keenesburg _Water Conservation Board Kersey Oil and Gas Conservation Commission La _Salle _Lochbuie FIRE DISTRICTS Longmont_ _Ault F-1 Mead _Berthoud F-2 _Milliken _Brighton F-3 _New Raymer _Dacono 1'-19 Nunn Eaton F-4 _Platteville _Fort Lupton F-5 Severance Galeton 1'-6 _Windsor _Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 _Adams _Longmont F-10 _Boulder _Milliken F-11 _Larimer _Nunn 1-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES X Platte Valley F-14 US -Army Corp 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 _Brighton OTHER _Fort Collins Central Colo. Water Conservancy Di-st. X Greeley _Panhandle Eastern Pipe Line Co. _Longmont X Platte Valley School District RE-7 _West -Adams Glen M. Hanson P.O. Box 487 COMMISSION/BOARD MEMBER Kersey, CO 80644 X Ann Garrison 900242 UNIZED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Conservation Service Greeley, Colorado 80634 AGRICULTURE Greeley F i e l-d Dff is a (303) 356-6506 •--)December 27, 1959 lD „/rj JA" 7 WO Milton E:aumgartner, -Pres. West Greeley So i I Conservation District Weld L •' ..••ep3" 'u' 4302 W. 9th St . Rid . Greeley, CO 80634 Weld County Case Number : USR-902 Dear Mr . Baumgartner : I have reviewed the Weld County Plannin3 Service referral for Clinton and Judy Warehime for a Site Specific Develmnent PI-an and a special -Review permit for a single farni ly dwel I ing unit can a lot under th-e minimum lot size in tire A (Agricultural ) zone district. The parcel of land is dezcr- i bed as the SW 1/4 NE 1/4 of -Section 7, T4N, R63W, Weld County, Colorado . The location of the parcel of land for which this ap p I i cat i on has been submitted is ea-st of Weld C-ounty read 61 , approximately 1 .-5 miles south of W-e I d County road 50. The purpos-e of the USR is to divide 40 acres off a present 162 acre Irarce l for a single farni ly residence . The soils and site characteristics are commensurate w i-th planned activities. Most soil units on the property have - i-ndi erosion potential , therefore grazing management of permanent vegetative cover will be essential to provide adequate Surface soil protection . If farming activity is to be utilized, t i I l age techn i quez that will leave maximum surfar? residues and rough surface so i I -conditions during the wind erasion period AoiII be necessary to prevent wind erosion . I recommend approval of this request with the above comment-s . Sincerely, (/_:;;Let. 27e2-44-' Ronald D. Miller District Conservationist Greerey Field Office enclosure RDM/gg 300242 mEmORnnDUM WTI To Lanell Curry, Planning January 2, 199D Date -Drew Scheltinga, County Engineer COLORADO From Warehime, USR-9.02 Subject: There is no access to the Troposed yarcel by public rights-of-way -or publicly maintained roads. The applicant should be made aware and acknowledge that Weld County will not provide access to the proposed parcel. DLS/mw:prw cc: Commissioner Kirby Planning Referral File - Warehime, USR-902 74 [' 'r' JAN 2 19c- LL 960242 leis Co. P1S strisioIlEMORAADUill WI Weld County _Planning January 2, 1990 To Date Environmental Protection Services / r'aLn 11/f�b COLORADO From (Al"- Case Number: USR-902 Name: War-ehiine, -Clinton & Subject: aLid Julia Environmental Protection Services has reviewed this _proposal and recommends for approval, subject to the following _conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP362/dgc 900242 , ==47 7utte 9JaIle2 cchoo s P.O. Box 487 - KERSEY. COLORADO 80644 - 303/352-61 68 WELD COUNTY DISTRICT RE-7 GLEN M. HANSON. SUPERINTENDENT December 18, 1989 Department of Planning Services 915 10th Street Greeley, CO 80631 Planning Division: As a representative of Platte Valley School District Re-# 7, the only response I feel necessary to Case # USR-9O2 is relative to bus transportation. Should the Warehime's or any future resident of said property require school bus transportation, the following conditions would be required. School bus transportation would be available at any location on W.C.Rd. 61 between W.C.Rd. 48 and 46. For the residence to be eligible for student loading in the yard, would require that the road be improved and maintained, including snow removal , the road needs to be passible with a large vehicle such as a school bus, that there be a turn-around place in the yard large enough to turn the bus around without backing the vehicle, and that a bridge be provided across the irrigation ditch. The bridge needs to be structurally rated by the county for a vehicle the weight of a loaded school bus and must have railings on each side to provide visual notice of the edges of the bridge. Sincerely, O//; U( /4 Glen M. Hanson Superintendent 11)] Pla,5-E151,W7W— "6 2 u 1989 1 Vtc d Cu. rlatsatitt ,:a:x!100411 .224 &zu/coltofz- . . . Alt a! /O1 J (2,z 3 C 0i2 42 ' 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-902 for Clinton and Julia Warehime in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 14th day of December, 19a9. 1 TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold -a public hearing An Tuesday, January 23, 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-902 APPLICANT: Clinton and Julia Warehime REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling unit on a lot under the minimum lot size in the agricultural zone district. LEGAL: SWI NEI of Section 7, T4N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 61, approximately 1.5 miles south of Weld County Road 50 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 2.60242 SURORUNDING PROPERTY OWNERS CLINTON AND JULIA WAREHIME USR-902 John R. Duell 26542 Weld County Road 51 Greeley, CO 80631 Frank A. Duell 3205 23rd Avenue Greeley, CO 80631 Herbert H. Duell 3225 23rd Avenue Greeley, CO 80631 David D. Duell 2526 East 18th Street Greeley, CO 80631 Champlin Petroleum Company 5800 South Quebec Greenwood Village Denver, CO 80201 Amoco Production Company P.O. Box 800 Denver, CO 80201 U.S.A. Farmers Home Administration 4302 West 9th Street Road Greeley, CO 80634 Julia and Clinton Warehime 118 1st Street Kersey, CO 80644 William B. Frank 502 35th Avenue Court Greeley, CO 80634 Gutterson and Company 705 14th Street Greeley, CO 80631 William E. and Noblet B. Danks 3033 East 1st Avenue, #303 Denver, CO 80206 C.W. and Juanita L. McCauley Theodore A. and Daniel J. Buderus 26784 Greeley,Weld OCounty 80631�ad 45 900242 44 C DEPARTMENT OF PLANNING SERVICES `, PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 W I I k. COLORADO December 13, 1989 Clinton and Julia Warehime 22985 Weld County Road 51 Kersey, CO 80644 Subject: USR-902 - Request for a Site Specific Development Plan and a Special Review Permit for a single family dwelling unit on a lot under the minimum lot size in the A (Agricultural) zone district on a parcel of land described as the SW} NE* of Section 7, T4N, R63W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Warehime: 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, January 23, 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 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 January 10, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than January 13, 1990. 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. 900242 Clinton and Julia Warehime December 13, 1989 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, (-%vwt.„ Lanell J. Curry Current Planner LJC:rjg pc Fred L. Otis Attorney at Law Suite 300 Greeley National Plaza 822 7th Street Greeley, CO 80631 900242 NisriDE, DOYLE, KLEIN, OTIS & Flit 1 ATTORNEYS AT LAW RICHARD N DOYLE SUITE 300 HENRY C FREY GREELEY NATIONAL PLAZA GREELEY TELEPHONE ROGER A KLEIN 822 71h STREET (303)353-6700 -FRED I. OTIS GREELEY, COLORADO 80631 WILLIAM E.SHADE DENVER METRO TELEPHONE (303) 659.7576 LINDA H.ROBERTS December 8, 1989 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Julia Warehime and Clinton Warehime - Application for Use by Special Review Dear Department of 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. Julia and Clinton Warehime ("the Warehimes") own the Northeast Quarter of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado, containing approximately 162 acres. Warehimes desire to sell the South- west Quarter of their property to Larry and Sandra Frasier. Larry and Sandra Frasier desire to build a home on the conveyed property and, therefore, a Use by Special Review ( "USR") Permit is required. Accordingly, the property on which the USR is requested is the Southwest Quarter of the Northeast Quarter of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado, containing approximately 40 acres . (a) Explain proposed use. See 2 above. (b) Explain need for use. The Warehimes desire to Sell a portion of their property to Larry and Sandra Frasier. Larry Frasier has been helpful to Warehimes in maintain- ing the property since Mr. Warehime was stricken with a total disability due to a fall from a two-and-a-half- story building in 1984 . (c) Explain the types of existing uses on surrounding properties. The surrounding properties are all in agricultural use at the present time. (d) The distance of the proposed use to residential structures in each direction. 900242 Weld County Department of Planning Services December 8, 1989 Page 2 South Northeast West East 1/4 mile 1/2 mile 3/4 mile more than 1 mile (e) The maximum number of users, patrons, members and buyers. The property will be used for residential purposes only and it is presently anticipated that the number of householders will be no more than five. (f) The number of employees, number of shifts, and hours of operation. The property will be used for residential purposes only. There will be no employees, shifts or hours of operation. (g) The type of water source for the proposed use. Well . See documents attached. (h) Explain the access route (s) to be utilized for the proposed use. The access route will be an easement along the West 20 feet of the Northwest Quarter of the North- east Quarter of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado. (i) Explain type, size, weight and frequency of vehicu- lar traffic associated with the proposed use. The vehicular traffic will be that associated only with a single-family residence. (j) The type of sewage facilities for the proposed use. Septic tank. (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. It is anticipated that animals on the Use by Special Review area will be those typically associated with a residential tract; e.g. , horses, dogs and cats. There will be no commercial raising of animals. (m) The type and size of any waste, stockpile or storage areas associated with the proposed use. n/a (n) Type of storm water retention facilities associated with the proposed use. n/a (o) The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use. n/a 9CO242 Weld County Department of Planning Services December 8, 1989 Page 3 (p) Explain proposed landscaping plans and erosion control measures associated with the proposed use. After construction of a home on the Use by Special Review area, it is anticipated that the disturbed and unbuilt areas will be replanted with pasture grass and the area immediately around the house will be landscaped. (q) Reclamation procedures to be employed upon cessation of the Use by Special Review activity. n/a (r) A time table showing the periods of time required for construction and start-up of the proposed use. The residence will be built within 90 days of the time the Use by Special Review Application is approved depending upon the weather. 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 property on which the residence will be built is not prime agricultural land. No property will be taken out of production or away from agricultural uses. (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 . The uses are consistent because no property is being taken away from agricultural use and the disturbed areas will be reseeded in pasture grass upon completion of the project. (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 from agricultural production and all of the property is being reseeded or landscaped on completion of the project. (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. This property is located a long distance from any other inhabitants of the neighborhood and county. As is indicated in Paragraph 2 (d) above, the only other residential structures are at least one-quarter of a mile away and will not be affected by the additional residence contemplated by Applicants . 2k.0242 Weld County Department of Planning Services December 8, 1989 Page 4 (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 agricultural uses surrounding this property with a few residences quite some distance away. 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 residential use contemplated by Applicants will be very similar and, therefore, compatible with the surrounding uses and is certainly compatible with the agricultural zone in which it is located. This property is outside the zoning area of all municipalities. (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. (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) . See documents attached. (i) A copy of 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 900242 Weld County Department of 3?l-anning Services December 8 , 1989 Page 5 (k) A soil report of the site prepared by 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 of the names and addresses of mineral owners end lessees o£ minerals on or under the parcel and being considered. See attached. 4- Attached is a check in the amount of $450.00 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. 7. Attached is the Use by Special -Review recording plat fee. Sincerely, -Fred L. tis Attorney at Law FLO:rah Enclosures cc: Mr. and Mrs. Clinton Warehime 900242 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 ===a.es.n===f.n---e=== ====-==ate TO -BE COMPLETED BY APPLICANT: (please print or type, except for necessary -signature) I (we) , the undersigned, hereby request a hearing ihefore 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: SW1/4 of the LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:/ NE 1/4 Section 7 T A N, R 63 W 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 None TOTAL ACREAGE 40 PROPOSED LAND USE Agricultural-residential (Add a building to property site in SW1/4 of -EXISTING LAND USE Agricultural-residential property. ) SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE _USE BY SPECIAL REVIEW PERMIT: Name: Clinton Warehime and Julia Warehime Address: 72985 Weld County Road 61 City Kercey Zip Alms' Home Telephone fl 353-6151 Business -Telephone 11 Name: Address: City Zip -Home Telephone ft Business Telephone 4 APPLICANT DR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip -Home Telephone # Business Telephone 0 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 all statements, Proposals and/or plans submitted with or contained within the application are true and correct to the, best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) (4q /il.)G% ti-. e— Sig ture: Owner -or Authorized Agent 112,0247.1)4,0Subscribed and sworn to lefore me this day 112,0247.1)4,019 p 7. NOT Y PUBLIC My commission expires l l— O5 —— 90 —60242 . ORDER NO. WI19190 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. SW1/4 of the subject Property The/NE1/4 of Section 7, Township 4 North, Range 63 West xf the 6th P.M. , Weld County, Colorado. STATE CF 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 lessees of tinerals 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, from an ownership update from a title or abstract company, or an attorney. Trudy L. M s Weld County Title Company Ile foregoing instrument was subscribed and sworn to before me xhis 5th -day of December , 19 89 , By Trudy L. Meis of Weld County Title Company. WITNESS my hand and official seal. My Commission expires: /D/ao/q3 otary Public 900242 SW1/4 of the The following 1s a list of mineral owners for the/NE1/4 of Section 7, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado. John R. Duell 26542 Weld flaunty Road 51 Frank A. Duell 3205 23rd Avenue, Greeley, CO Herbert H. Duell address not available Ray E. luell address not available David "). Duell 2526 East 18th Street, Greeley Wayne H. Duell address not available Edith M. Spurlock address not available Pearl H. Coezens address -not available Winefred H. Jacobs address rot available. Mildred R. Nelson address not available Frances H. V. Miller address not available Champlin Petroleum -company 5800 S. Quebec Greenwood Village, Denver The following is a list of the existing mil and gas leases on subject property. Oil and -Gas Leas from Champlin Petroleum Company, to Amoco Production Company, a Delaware Corporation, recorded December 29, 1977 in -Book 818 as Reception No. 1739976, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Lease Extension recorded March 21, 1983 in Book -991 as Reception No. 192080E. Affidavit of Production recorded April 15, 1983 in Book 993 as Reception No. 1923651. 900242 ;6-1210'4.; -, C) �. i I, 0 . N A i .\\, Jr, • i, 4P \ t . X ) ..,...,,,,,„ , P ,,,) ] \,, ,,:., , b.ri H "(; , r„ , rhi ,, , ,, ,1 ' 1 cif y;P° kA+k d[t t ah4. ° (; A } 4 r " nit 'Y 1 'f°'"b'.a .1 `4'z +I .x -f.'',.;-,124, er''`rs .: s t a '% e sd * ' t o P 1. , as soil. at !:V,eV 40-- Nunn loam, 1 to 3 percent slopes. Thos is a deep, . g '.c ion should be continued fer as many r. ars as well drained soil on terrace at elevations of I '{J to 5.O1O ..i61: (Ile.,ing planting. Trees that are hest -,itod and feet. It formed in mixed alluvium. Included in gapping has,. good -urvi,al are Rocky Mountain juniper, .setern are small, long and narrow areas of sand and grave) , iced,v, p. nderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to oc.a- hackbe rry. The shrubs best suited are skunkhu.h sumac, sional flooding. Sonic leveled areas are also included. lilac, Siberian peashrub,and Ame Wean 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 aid mourning dove. Many nonganu' species can part of the substratum is light brownish gray clay loam be attracted by establishing areas for nesting and escape 'rho 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 meat, especially in areas of intensive agriculture.-Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for ea ample, the pronghorn antelope, can he 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 con- 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 in'a ie rately slow permeability. These features create ale 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 Ile ir- management is essential. Barnyard manure and commer- rigated, We nonirrigated; Loamy Plains-range site. cial fertilizer are needed for top yields. 11 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 crop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small, wheat can be seeded. Generally precipitation is too low long and narrow areas of sand and gravel deposits and r for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding. Such practices as stubble mulch fanning, 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 grayish 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 a and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. Lion ranges from 1,600 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 inches deteriorates, the mid_grasses decrease; blue grama, buf- or more. Surface runoff is slow, and the erosion hazard is I falograss, snakeweed, yucca, and fringed sage increase; low. 1 and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. It c nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ- c Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes, u on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is 3 tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage, c Sideoats grama, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prac- c grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. c suitable for seeding. The grass selected should meet the All methods of irrigation-are suitable, but furrow ir- seasonal requirements of livestoc-k. It can be seeded into rigation is the most common. Barnyard manureand corn- g 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 [rtes and - Y proven most successful. shrubs commonly grown in the area are generally well -s Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competing ]c shrubs commonly grown in the area are generally well vegetation should be continued for as many years as suited to this soil. Cultivation to control competing possible following planting. I.IE.1Lk1 it WELD COUNTY, COLORADO, SOUTHERN PART • 29 have good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by redcedar,_ponderosa pine, Siberian elm,-tussian-olive, and western wheatgrass and blue grams. Buffalograss is also hackberry. The-shrubs best suited are-skunkbush sumac, present. Potential production ranges from 1,000 pounds Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable lilac, Wildlife is an important secondary use_of this soil. The years. As range condition deteriorates, ablue grams-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 testing cover is essen- on taking half and leaving half-of the total annual produc- Us1-and should be included in plans for habitat develop- tion. Range pitting can helpin reducing-runoff. beWestern eding is ment, especially in areas of intensiveagriculture. desirable if the -range side s in poor condition.buffa Wes, rn This soil has fair to poor potential for urban develop- wheatgrass, blue grams, pu- ment. It-has moderate to high shrink swell, low strength, bescentwheatgrass, 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 livestoc-k. 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. streamsandare subject to occasional flooding.The poten- Windbreaks and environmental plantings are generally tial is fair for such recreational development as campand 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 suitedand 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 ahra pis e, Sibst erian are kunkbnsh sumac, vium and eolian deposits. Included in mapping are small, hackberry. long and narrow -areas bf sand and gravel deposits and lilac, Siberian peashrub, and American plum. The small-areas of soils thataresubject to occasional flooding. Wilife is an croiand areas important provide secondary orable fiy use of for this-soil. khe Some leveled areas are also included. P Typically the surface layer of this-Nunn soil is grayish pheasant and mourning dove. Many-nongame species can brown clay loam aobut 39 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 ol B0 inches is brown sandy ahnndtwildlife, forhn areas_of intensive example, thep onghornrnantelope,ulture. Rcangbe Range- loam. Permeability is moderately slow. Available water attracted by developing landsreseedin where-needed. capacity is-high. The effective rooting depth is 60 inches managing-ivestock grazing, ee for wrban or more. Surface -runoff is -medium, and the erosion met. It has moderate tis soil has fair to or hrink swell, low strength, develop- hazard isri low.a 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,smallgrain,potatoes, and onions. An exam- that -have loam or sandy loam in the lower part of the ple of a suitable cropping system is g to 4 years of alfalfa substratum are suitable for septic tank-absorption fields followed by torn, 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 Capability clopent as camp ca Ileand restrict some crops. picnic areas and playgrounds. ir- All methods of irrigation are suitable, but furrow ir- rigated, Ilic 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, 00l drained I fsoi l on in terraces all set elevations le along on of Elder700 cial fertilizer are needed for top yields. to9 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- ng. Winter wheat is the principal crop. The predicted average ject tot are floe ingface layer Df this Nunn-soil is brown yield is 33 bushels per acre. If the crop is winterkilled, Typically yp y spring wheat can be seeded. Generally precipitation is too loamy very sand overburden gr-ayish eut 9 inches own clay thick.l The about subsoil 1 low for beneficial use of fertilizer. is dar e substratum to aepth 60 trineeded to control of soil blowingand watere os thick. h Sion. loamy veryfinesand, loamy sand, or ol sand. inches is lage ae 900242 30 SOIL SURVEY Permeability is moderately slow. Available water In irrigated areas this soil is suited to the crops corn- capacity is high. The effective rooting depth is 60 inches monly grown in the area. Perennial grassesand 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 gown crops and pasture. -Furrows, con- sion. Maintaining fertility is important. Crops-respond to tour furrows, and tross-slope furrowsare 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 trop 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 useof fertilizer. winter wheat. The predicted average yield is-28-bushels Stubble-mulch farming, striperopping, and minimum til- per acre. The soil is summer (allowed in alternate years lageare 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. T-rees thatare best suitedand have good survival thesiteas 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.:an -The on takingtialfand leaving-half of the total annual produc- shrubs best suited are skunkbush sumac, Iilac,andSiberi- tion. Seeding is desirable if the-range is inpoor condition. an peashrub. Sand bluestem, sand reedgrass, switchgrass, sideoats Wildlife is an important secondary use of this soil. grama, blue grama, pubescent wheatgrass, and crested Ring-necked pheasant, mourning llove, and many non- game species can be attracted by establishing areas for wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can nesting and escape cover. For pheasants, undisturbed nesting cover is-essential-and should the included in plans be seeded into a clean, firm sorghum stubble, or it can be for-habitat development, especially in areas of intensive drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. agriculture. Few -areas of this Nunn-soil are in major growth and Windbreaks and environmental plantings are generally 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 Meek are the chief limit- tivating only in the tree row and by leaving a strip of ing features for development. Capability subclass tile ir- vegetation between the rows. Supplemental irrigation rigated, IVetonirrigated. may the 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 bestsuited 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 mappingare some small leveled areas. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically thesurface layer isgrayish brown loamy sand an peashrub. about 9 inches thick. The subsoil is yellowish thrown 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,talcareous 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 J VA%`A_ rtie t. WELD-COUNTY, COLORADO, SOUTHERN PART 31 attracted by developing livestock watering facilities, establishing trees and shrubs, can be controlled by cal- -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 plantinhave g and du survival ring dry in the ees that are contamination tf from sewage uses a hazard of lago s. The loamyund s sand sur=- are Rocky r Mountain juniper,st suited r edcedarr,ponderosa, and layer is a hieation for lawns, shrubs, andnal trees growdevelopment. well. shrubs best suited are skunkbushesumac, lilac,and Sibenrry. e On Candyia subclass llle irrigated, We nonirrigated; anWildl Wildlife is an important secondary use of this soil. The hrub. Sandy Plains loraamy sand, ked 45—Olneylrai edy soil non 3lao s atrelevationseof 41,600sto p and mourning dove. Many anongame speciebitat for s can 5,Seep. P pheasant in m p in It arersmall areas of soils that ehave sandstone ts. Included cover. For pheasants,e attracted by lishing areas for undissturbed nesting essen-- inmshp mapping and shale within a depth of 60 inches and some small ment, especially should be areas of intensive or habitat develop- agriculture. Range- Typically the areas. Lhe surface layer of this Olney soil is grayish land wildlife, for develo example, the livestokpronghorn wateringpfac lilies, , can be brown loamy sand about 7 inches thick. The subsoil is yel- attracted by developing lowish brown and very pale brown sandy clay loam about managing livestock grazing, and reseeding where need The ed. 14 inches thick. The substratum to a depth of 60 inches is only hisoil L l has seggood o epo them moderatelyal for urban development. 1 to very pale brown, calcareous va fafine le a loam. 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-mitation for more. Surface runoff is slow, and the erosion hazard if face Oncelestablished,ayer is a 'the lawns, shrubs,and n al development. trees grow low. 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 cropsshould 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 'Phis 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. It formed small areas of soilsa that furrows, and cross slope -furrows are suitable for row deposits. Included in mapping crops. Sprinkler irrigation is also desirable. -Keeping til- have a surface dark surface thelayer layer of ome small this Olney sodas grayish lage to a minimum and utilizing crop residue help to con- Typically trol erosion. Maintaining fertility and organic matter con- brown fine sandy loam about 1a0 inches le oaick. clay loam bsoil . tent is cial fertilizer. Crops respond to barnyard manure and is_aboutowish brown and very 15 inches thick. The substratum to a depth of 60 commercial ntrtilinat. brown, calcareous fine sandy loam. The potential native vegetation on this range site is inches is very pale dominated by sand bluestem, sand reedgrass, and blue Permeability and available water capacity are grama. Needleandthread, switchgrass, sideoats grama, moderate. The -eTfective 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 Tavora- 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 do 4 years of e An xample lfa fo of a followed by le cropping corn Tor system mlis 3 age, the site a range on becomes poorer. Management oT vegetation on this soil should be based sugar beets, small grain, or beans. Few'eldsr conservation prac- on taking half and leaving half of the total annual produc- tices are needed to-maintain top y tion. Seeding is desirable if the range is in-poor condition. All methods of irrigation are suitable, fiut furrow ir-st common.Tarnyard Sand bluestem,em, sand ubes entswheatigrass,and -css, rest d mercial fertilizer oats rigation is the oare needed for top yieldsanure and eom- w eat blue grama, hazard wheatgrass are suitable for seeding. The grass selected Windbreaks and environmental plantings are genera in lly should k. It an suited to be meet seasonal firmequirements of sorghum stubbleeoroit can be establishing this soil. and Soil blowing, Bcan-berincipal controlled by ul- drilled into a firm prepared seedbed. Seeding early in vegetation ly in the tree row between the owsa d by Supplemental irrigation of spring has proven k most successful. may be needed at the time of planting and during dry Windbreaks soil. Soil plantings pi are generally suited to this soil. Soil blowing,-the principal -hazard in periods.-Trees that are bestsuited and have good survival 9002 t2 32 SOIL SURVEY I are Rocky Mountain juniper, eastern redeedar, 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-rec_'grass, shrubs test suited are skunkbush sumac, lilac,and Siberi- and switchgrass decrease and blue grama, sand dropseed, c an peashrub. and-sand sage increase.Annual weeds end 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-halfand leaving-half of the totalannual produc- R be attracted by-establishing areas for nestingand 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 z Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into ti 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 themnoderately proven mostsuccessful. i -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 havea are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and tackberry. The eluded. shrubs best suited areskunkbush sumac, lilac,and Siberi- Typically the surface layer of this Olney soil is grayish an peashrub. i brown fine sandy loam about 10 inches thick. The subsoil Wildlife is-an important secondary use of this soil. The k '' is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable-habitat for-ring-necked i about 14 inches-thic-k. The -substratum to a depth -of 60 pheasant and mourning dove. Many-nongame species can • inches is verypale brown,-calcareous finesandy loam. be attracted by establishing areas-for-nesting-and-escape Permeability and available water capacity are cover,for pheasants, undisturbed testing 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. Leans, 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 -ubstratum, which causes a -methods of irrigationare suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common.Barnyard manure and commercial Ter- lagoons. Lawns, shrubs, and trees-grow well. Capability tilizer are needed for top yields. subclass Ile irrigated, We 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 elopes. winter wheat. The predicted aver-age 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. to allow-moisture accumulation. Generally precipitation is Included in mapping are-small areas of soils that haven too low for beneficial use of fertilizer. dark surface layer and -small areas of soils that have Stubble mulchfarming, striperopping,and minimum til- sandstoneand shale within a depth of 60 inches. lageare-needed to control soil blowing-and-water erosion. Typically the-surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy slay loam-about 8 inches thick. The sub- The potential -native vegetation on this -range site is soil is yellowish ibrown 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 grams, B0 inches is verypale 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 favors- -moderate. The effective rooting depth is 60 inches or 360242 I WELD COUNTY, COLORADO, SOUTHERN PART 33 i f intensive agriculture.more. Surface runoff is medium, and the erosion hazard is Range- land especially for cxample,thepronghornantelope,Rcangbe to in irrigated areas this soil is suited to the crops corn- attracted by -developing livestock watering facilities, monly grown in the-area. Perennial grasses and alfalfa or managing livestockgrazing,and reseeding where needed. ose 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 sf much of this Olney -soil. irrigating close grown crops and pasture. Furrows, con- The soil has good potential for urban and recreational tour furrows,2nd cross slope furrows are suitable for-ow development. The only limiting feature is the moderately crops. Sprinkler irrigation is also desirable. Keeping til- rapid permeability in the substratum, which causes a !age to a minimum and utilizing crop residue help to ton- hazard -of ground water contamination from sewage s, shrubs, and trol erosion. Maintaining of phosphorus and nitrogen. Crops subclass litens. nirrigat d, IVe trees non rrigated; Sandy Capability Plains respond o toit applications In nonirrigated areas this soil is suited to winter wheat, rangeaite. barley, and sorghum. Most of the acreage is planted to 49—Osgood sand, 0 to 3percentslopes. This is adeep, 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 (allowed in alternate years -4,900 feet. It formed in eolian sands. Included in mapping to allow moisture accumulation. Generally precipitation is areof small as of soils that h included -are small within 0 o too low for beneficial use of fertilizer. inches 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 60 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 grams, sand dropseed, and This soil is suitedto limited cropping.in Intensive sand-sage increase. Annual weeds and grasses invade the cropping is hazardous because of arosion. The cropping site as range conditionbecomespoorer. system-should belimited to such close grown crops as al- Management of vegetation on this aoil should be based Talfa, wheat, and barley. This soil _aalsois -suited to ir- on taking half and leaving half of the total annualproduc- rigated pasture. A suitable cropping system is 3 to 4 tion.-Seeding is desirable if the range is inpoor condition. years of alfalfa followed by 2 years of corn and small , Sand bluestem, sand -reedgrass, -switchgrass, sideoats grain_and alfalfa seeded wither 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 tan 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 hasproven 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 sul- 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-alive, and hackberry. The and "blowout" conditions can accur as range condition shrubs best suited are skunkbush sumac, lilac,andEiberi- becomes poorer. Management of vegetation on this soil should be based an pea Wildlife is an important secondary use of thissoil. 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 suite- cover.For pheasants, undisturbed testing cover is essen- ble for seeding. Because this soil is -susceptible -to soil tial and should be included in plans for habitat -develop- blowing, thegrasses should be seeded with-an interseeder 300242 _ _64 REC 02/29465 01/29/88 16 : 22 $3 ,00 1/001 AR21294b5 _ F 0960 MARY iN FEUERSTEIN CLERK i RECt. DER WELD CO, CO - SPECIAL WARRANTY DEED THIS DEED, Made this 294, day ofAnt ,19 P8 'I between Greeley Industrial Bank, a Colorado Corporation, Richard B. Doby, Colorado State Bank Commissioner pursuan Ito Notice under -Section 1122-602 C.R.S. (19856) Dat-ed Oc r 6, 1987 of the County of Weld , State of Colorado,grantor(s),and -Scot! Documentary Fee Julia Warehine and Clinton Warehifne, Date . �.gg.. ._ in Joint Tenancy { q "1-7625 whose legal-address is 118 1st Stictt, Kersey, CO 80644 -` —' ---'-- of the County of weld ,State of Colorado,4rantee(s): DF WITNESSETH,That the grantur(s), for and in consideration of the sum of $4.00 FORTY THOUSAND AND NO/lOOths _DOLLARS . the receipt and sufficiency of which is hereby acknowledged.ha s granted.bargained,sold and conveyed,and by these presents do es grant, ' ' bargain,sell,convey and confirm,unto the granteetsl. their heirs and assigns forever,all the real property,together with improvements, if any.situate,lying and being in the County of Weld . State of Colorado. • described as follows: • The NE; of Section 7, Township 4 North, Range -63 West _of the 6th P.M. • • I I • • also known by street and number as: TOGETHER withall and singular the hereditamentsand appurtenances thereto belonging- or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof:and all the estate. nght. title, interest.claim and demand whatsoever of the grantor(sl,either in law or equity-of-in and to the above-bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee(s),their heirs and I assigns forever.The grantor(s).for it se' f • its heirs and personal representatives or successors.do eScovenant and agree that I', it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the granter(s), their heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by.through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s) ha s executed this deedMn the date set forth above. Grecley Industrial Bank, a Colorado Corporation, by -Richard B. Doby, Colorado I State Bank Commissioner by his agent, The Industrial Bank Savings Guaranty env i on n Cnl nrado }-+y ur L. Bronstein, Vice—PresidentOl STATE OF COLORADO ss. County of ,QG[1L g The foregoing instrument was acknowledged before me this .79th day of s7"dWW9Pt 1 . 19 Pt by .G;, 1sy„Industrial Bank, a Colorado Corporation, by Arthur L. Bronstein, ,�tV'{ 7R*03 3)t of Industrial Bank Savings Guaranty Corporation of Colorado ��� Witness my hand and official se ..... Ric azd B. Roby, Colorado E•Batik rOAI'rn1ssioner. My commission expires 9••a.--90 s. a�apt/Ei��k•'::°. /.327 �Gor�,�;:;w3 -• I—let L.. ao3ez "If nXtirfinfeR"Fityarrd." ,�'�y I�/�/� No.16.Rev.345. SPECIAL WARRANTY�EED ardtoid Publishing.5825 W.ash Ave..Lakewood.CO 802N—1303)133!900 900242 L • ./Sa, ....w- 7 sang+ it* WELL AND PUMP RECORD Harvey Duell Owner's Nmae_._-� •- ------ Address__ ___._-_Kersey, Colo. Renter's Name Address.—— — --- — Welldrilledby Repp's Inc. Clay & Chuck Date Drilled- 8-24-54 -2(q - G? YS Kind of Well domestic Depth of Well II2 ft. to 8' soil, 8' to 16' clay, 16' to 20' coal; Well Log 0' 20' to 28' shale, 28' to 33' coal, 33' to 58' shale, 58' to 60' coal, 60' to I08' sandstone, I08' to I12' blue sh water level 60 ft. Water Produced 6 gpm at 90 ft. _—— Kind of Casing..--5" 16 ga. gale.-.---- — Amount of Casing 27 ft. -perf. 36 ft. plain (black) Kind of Pump — Description of Pump in Detail..._-_..-___._— • D002 "? • 44,7 Division of Water Resources I -aft DEPARTMENT OF NATURAL RESOURCES • 67 R SN CENTENNIAL SLOG. 1313SHERMAN STREET DENVER.COLORADO 60203 JOHN-ANDERSON DInGE DEPUTY WATER COMMISSIONER OI THE DIY.I•DIST. ETATE ENGINEER P.O BOK 436 KERSEY.CO.60644 303.356.1375 '% GOOD 300242 Hello