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Home My WebLink About970445.tiff KAROWSKY, WITWER, MILLER & OLDENBURG, LLP ATTORNEYS AT LAW 822 7TH STREET.SUITE 760 JACQUELINE JOHNSON STOW MILER,JR. CURTIS R.SEARS WALKERR MILLER P.O. BOX 1407 R. SAM OLDENBURG GREELEY, CO B0632-1407 JOHN J. BARRY MARILYN J. DAVID (970)352-3161 FACSIMILE(970)352-3165 October 3, 1996 Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Re: Soukup Investments, LLC Madam/Sir: For filing, we enclose the following documents: 1) Check from Foxfire Property Management, Inc., for$1,600.00 ($1,100.00 application fee and$500.00 investigation fee) 2) Original and 19 copies of Use by Special Review Application 3) Ten copies of the Special Review plat map(24 x 36) 4) One 8'/2" x 1111 reduced copy of the Special Review plat 5) Original and 19 copies of Use by Special Review Questionnaire 6) Original and 9 copies of Weld County Road Access Information Sheet 7) Copy of North Weld County Water District letter showing evidence of adequate water supply 8) One copy of Quit Claim Deed identifying applicant's interest in the property 9) One copy of soil report 10) One copy of Affidavit of Interest Owners (Surface Estate) 11) One copy of Affidavit of Interest Owners (Minerals and Subsurface Estate) Very truly yours, KAROWSKY, WITWER, MILLER& OLDENBURG, LLP Jacqueline Johnson nn Enclosures 970445 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax(970) 353-6312 USE BY SPECIAL REVIEW APPLICATION Application Fee Paid j (-)0 Receipt# 2 0 Date /0 -3- Recording Fee Paid Receipt# Date Application Reviewed by: 9utu }t tn.", A"i -7 '9/* TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: See attached PARCEL NUMBER: 0 7 0 5 3 2 0 0 0 0 3 7 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Section 32 , T 7 N, R 67 W-Total Acreage 20 Zone District A Overlay Zone NA Property Address (if available) 7511-7737 WCR 74 Proposed Use Livestock confinement SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW • PERMIT Name: Soukup Investments, LLC Address: 706 S. College Avenue City/State/Zip: Ft.Collins, CO Home Telephone: Business Telephone 970-224-920a 80524 Name: Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT(if different than above) Name: Brian /T. Soukup - �e.GtM�1 nf�, p �SfurN Address: Q � )'1. , 'js. I LU City/State/Zip:64 CO Ithibi Home Telephone: Business Telephone:460 -15Q - )col DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Flood Plain: o Yes o No Geologic Hazard: o Yes o No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knoWeCounty Planning Dept. OCT 031996 er o/ Signature: Own Authorize gent RECEIVED 5 LEGAL DESCRIPTION TO USE BY SPECIAL REVIEW APPLICATION (SOUKUP) Lot A of Recorded Exemption No.0705-32-4-RE 688,according to the Map recorded May 29, 1984, in Book 1031 under Reception No. 1968486,Weld County records,being a tract of land located in the Southeast Quarter (SE'/) of Section 32, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado 970445 USE BY SPECIAL REVIEW OUESTIONNAIRE 1. How is this proposal consistent with the Weld County Comprehensive Plan? The proposed use is for a livestock confinement/feeding operation during the winter months when summer pasturage is not available. This is a use compatible with the Comprehensive Plan's goal of preserving prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. The applicant also is seeking an accessory dwelling unit for accessory farm use for a pre-existing structure, to be occupied by a person who works at the site. 2. How does this proposal meet the intent of the zone district it is located in? The land is in the agricultural zone district, and a confinement operation is permitted as a use by special review in that district. The proposed use is similar in nature to the prior use on the property,but it is significantly less intense than the prior use. Previously,the use approved was for confinement of 1,500 cattle and a horse boarding and training facility for 150 horses. The current proposal is for the feeding of not more than 400 cattle/calves during the winter months only and for boarding up to 12 horses belonging to persons who work at the site. Three existing residences are approved for accessory use, and the applicant is seeking approval of a fourth accessory residence so that all employees of the operation may reside at the site. 3. How is this use compatible with future development as stated in the Weld County Comprehensive plan? Weld County Road 74 is currently a kind of dividing line between the urban development of Windsor and existing agricultural land. The applicant's property lies north of WCR 74, and it is adjacent to other existing agricultural operations. The use will have limited impact on the residential development to the south. However,permitting the use will reinforce the likelihood that agricultural uses will continue north of WCR 74. 4. What type of uses surround this site? Is this request compatible with surrounding uses? The land is surrounded primarily by irrigated farmland. There is a residential development to the south, with single family residences on large lots. However, the cattle pens and horse barns are set well back from the development, and existing residences and trees on the site further screen the operation. Additionally,the request is for a confinement operation only during the winter months when the potential for insect or odor problems will be minimized. 1 970445 5. Is this property located within a-Flood Hazard zone, Geologic Hazard zone, or Airport Overlay zone-and does it meet these special requirements? No. 6. What efforts have been made to conserve productive agricultural land? The land will be used primarily to feed cattle during the winter months. No additional improvements are being added,thus no land will be removed from production. 7. How will public health, safety and welfare be protected? The proposed use will not threaten public health, safety or welfare. All required procedures will be complied with, including procedures relative to waste removal and drainage. There will be minimal traffic impact from the proposed use, and no new road access is requested. 8. What will the site be used for? The site will be used primarily to feed cattle during the winter months when summer pasturage is not available. The owner will bring cattle to the site from his mountain ranch and will feed them at the site from October until March. The owner anticipates feeding approximately 200 head of cattle plus their calves. The site contains four existing residences which will house persons working at the feeding operation. Three of the residences are existing permitted uses, and the applicant is requesting an accessory dwelling unit for the fourth. The residents will also keep their individual horses on the site. The applicant is requesting a use by special review for 400 cattle and 12 horses. 9. How close is this site to other residential structures? The site is approximately 500' from the nearest residential structures. 10. How many people will be employed at this site and what hours will they work? There will be four people employed at the site. The hours will vary, depending upon the feeding schedule. 11. How many people will use this site? The site will be used by the employees and the applicant. Additionally, members of the employees' families will be on the site. 2 970445 12. What type and how many animals, ?fatty, will be on this site? The applicant anticipates no more than 400 cattle (including calves),plus no more than 12 horses, and a small number of domestic animals. 13. What type and how much, if any, operating and processing equipment will be utilized on the site? A tractor will be used on the site. 14. What type and how many structures will be erected on this site? No new structures will be erected. 15. What kind(type, size, weight) of vehicles will access this site and how often? The cars of the four resident workers will be on the site,and occasionally a semi truck will access the site to deliver cattle or feed. 16. Will this site use a septic system or public sewer facilities? The site will use a septic system. 17. Are you proposing storage or stockpile of wastes on this site? If so, what is the size and type proposed? Manure from the livestock confinement area will be handled and removed in a manner that will prevent nuisance conditions. The manure piles will not be allowed to exist or deteriorate to a condition that would cause excess odors, flies, insect pests or pollutant runoff. The site will be maintained in compliance with applicable guidelines for feedlot runoff containment. 18. How often will debris,junk or waste be disposed of? By what means? Debris,junk and waste will be stored and removed as necessary in a manner that protects against surface and groundwater contamination. 19. How long will it take to construct this site and when will construction begin? N/a. See#14. 3 970445 20. Explain the proposed landscaping plans and erosion control measures associated with this site. Erosion control will be accomplished by compliance with feedlot runoff containment requirements. Landscaping exists on the site in the form of existing large trees and some grass areas. No changes are planned. 21. Explain any proposed reclamation procedures when termination of the Special Review use begins. None. 22. Explain the need for the proposed use (activity) in Weld County. The applicant intends to raise cattle on the property. This kind of agricultural use is an important part of the Weld County economy. 23. Who will provide fire protection for this site? Fire protection is provided by the Windsor-Severance Fire Protection District. 24. What or who will provide water to this site? Domestic water to the site is currently provided by North Weld County Water District. No additional water will be needed. 25. How will storm water drainage be handled on the site? Existing drainage ditches will continue to handle storm water drainage. 4 90445 • WEt.D COUNTY ROADACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue,P.O.Box 758,Greeley.Colorado Phone:(970) 356-4000,Ext.3750 . • AppicantName Soukup Investments, LLC Phone 970-224-9204 • Address' 706 South Colleee Avenue City Ft. Collins State CO LP 80524 2 Address or Imam cfate= 7511-7737 WCR 74 Section 32 Township 7N Range 67W Subdivision Block Lot _ Weld County Road# 74 Side of Road N N S E or W Distance horn&number of intersecting 3. Is there an existing access to the property? Yes X No f of accesses 2 � asi4 �. 4. Site Sketch: r' Ki' : r t .ter` i - t — •. LC\ • V lucR• l • • • I �v� &Proposed use: Permanent X ResidentialIAprrcuiWral _ Industrial _ Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road ADY Date Accident Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Other Cornrnenls: • • _ Installation authorized _ Information Insufficient Special Conditions • Reviewed by: Title: • • 970445 n a ,1 I g'° 'g... is i . j 2 je [ I 4 a A o .'� - \3 __ d . S2 �E F tlC Irn $ j S '' r � ) { - . j1 $ ; t , I, `'c -1. III a to it tii !, e ft It s sW s oIgi. l pr a. I1I' hlit.O �� '8 ° t i 5 ' - o> S3 i® 2i g12 a a ytl, a " i �1g1 ''° v Iq t 7C16Li ii ( _ D U9� cal IliI !9i . I 4 Et m F 1 I j F 1 Aie I :1 .j 1 "I 1 e e s . i s 5 l j. 3. Y d Y Je. .41 S a 1 i ; i i! -:.19I 4 Y . i i .r It ' 'I 11 , 1 i I1 1 1 i +3 I fI ` x s s i 0 ° i _ ' -x E ! erg I . 1 .I -. 1 • 1 I ? - I ` siI o- KK1 a } - 1 III Ig : tl .. - ii• 9. - ] nF 0a ; a 3 e 1 k 1I '' L • oa N jj 3s°a 3A a V�,4�A III it . —..—_"1 4 I • I" w 3 3 8 �v S 88 84 83:,. se A, 8' j h 9 OL'rt5 } APPLICATION FOR RECORDED EXEMPTION l.1+3 . lid - 1 "I�1"` 4. PHONE: 356-4000 Ext. 400 '' st, # Department of Planning Services, 915 10th Street, Greeley. Colorado ;v FOR PLANNING DEPARTMENT USE ONLY: c� T,Y a« APPL. FEE loo — \ a' / D ? e-4 et a t , CASE NO. flE 6 t RECORDING FEE 4s _ i i ti " i .14a titfyw •'. ZONING DISTRICT �,,c4 Hp-L.- RECEIPT NO. l�V\S _ ,°� �, rk DATE 4 r, i Zi( /`Tf y APPL. CHECKED BY /qq a , TO BE COMPLETED BY APPLICANT: (Print or type .ter ar e only except for required ,, Signatures) „t, >, [ I (we) , the undersigned hereby request that the following described k ^i" property be designated a recorded exemption by the Weld County } Board of Count CDmmt6 io er "12- u C . Lot "B" of Recorded Exemption go. 1705-fz-41REiia. ��PS0449 to the Map recorded a> t" November 22, 1978 In Book 852 under Reception No. 1773617, Weld County Records, ' ,, being a tract of land located in the Southeast Quarter (SE 1/4) of Section ' i Thirty-two (32), Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M., County of Weld, State of Colorado; EXCEPTING THEREFROM the North 1,360 feet thereof. �VaE elE CG .t " ' i TOTAL ACREAGE: 76.2 APR 20� :) r .'�,_� l'lq. Has this property been divided iron or had divide - ' r3 4 other property since August 30, 1972? Yes I N � r trt ommit � t , ,, , FEE OWNERS OF PROPERTY: Y Name: INTRAWEST BANK OF GREELEY I C.I,,,€K link— p 4 x U. Address: Post Office Box 1058 Greeley, Colorado 80632 Phone: 352-1651 . s. , '^a. " ., Name: o., ( ' ' a Address: Phone: 1 , .�Fs M ./C 1 , 1` i Name: ti t � r_ Address: Phone: r' v t 4 x3 t WATER SOURCE: Larger Parcel MOM Smaller Parcel , K ° m TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic µ. PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Agriculture r3 %K` ACREAGE: Larger Parcel 51.2 Smaller Parcel 25 ' �� " . EXISTING DWELLINGS: (Yes or No) ,ES ' e(Yes or No) I hereby depose and state under the penalties of perjury that all }'<.' ( -.040.01 statements, proposals, and/or plans submitted with or contained } sit within this application are true and correct to the best of my a ,« knowledge. V ti 9 v n"� �° ', COUNTY OF WELD ) ' xt ,`) STATE OF COLORADO ) �f . , 9na mare: WMr Or Y 0141411M2251.14441 *1104 4. Subscribed and sworn to before me this 13th day of April , s7� 1 ;,IOC ft (SEAL.) l r $ a t _� I r a .^ Hoar u 6 vNTa �, �y ixp : Greeley, Colrain 80631 �e r b '' 4ti`rtst '# as e Ny Commission expires: March 6, 1986 �, 5i r J\M 970^�45 y .*° , 4 � i ` k t y , ram; mow_ — i r •a1 ��t M;1'A uk W., a A t�fiIF ;I".S'fi Urir- Vp tc d ap y ° j t w d.=`, V "•y 0' y 1.11 1 Y rc 1.�. 4 '- 4 E Sri '!" a I: _ 'r ♦a { ACF ■■� >, ;. ds ‘ d Q,v;L,,o#,, ,, X s 6 e. r Y t r is } t x , .., n : 1 M n �f Z 4 x`i:, 4K . F' ",/0,0 M1 h h �� r4ya >a t Fr v lci ' "'Pi? ' '7- `4 h °'y os 1 ,}�46 s IY , : a� , '1 X a 44 r 1Ple ,* kreh T 7 {4 s �ijiyk � ,' "' � '. i '` R y,1.tri ', I I 'E i .;' 4,.� 84 i Fh�it'a Lw��: dg", q /.., s '1 k Y '.YS,,S k. i ry j W N * 4 l 'ri r � � a � � � ry f'h 9 � " �`�Y'd k ��r a �* n irb' � kraS S. � ' '. ,� C 3 e i >i l S Ih p I,r },4 x 1 ,''' 1 '-wF Y 3 :.y i'^r Y t �`' T6 7 I� kkk / } +a a i . ` ,NI a)Y Y 2 2 f,. ",� ii �— by _— :03 - a�na i FS., r i i !MI •1610 LSr •larnH a4DfS� �C �. fii * ' p KA11.0 .ry.� 1 A� uq .-"" Sy b, i" it: it vi , : L x , y J Q at: 9 hC::\ 0. 5P • —O 1-� IT i t 1 vi .3 t.,1 1 ,a -,4 r - -. 27, _ „el to r-1 ii �, �i TC !� •�C ll/ VMI _ 1 V O i W Q I �� : Q. a o 4� ' '1 r t 5 RjcO 00 4c c r + It+ } -1— o O l< l• Z h °" � 1o_3 -awa04 ; 3 u Q I7 .14 hs 0 y& • _,r . • J•t r I 'v ., �� 1 h n tv I +4 .,.A I s.i� L "Sib ::'at t.. °1,'+-.,s'kmc .?� — ,_. .. ro.,st. . *.--ems t ) "�� ra , i MELD COUNTY 1� `fi ) 4 CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES f ` STATE OF COLORADO) ri k4 ' ). A, : COUNTY OF WELD ) 1 The WELD COUNTY TITLE INSURANCE or ABSTRACT rx,,,ti , t 1- COMPANY hereby certifies that is has made a careful search of its �'' records, and finds the following conveyances affecting the real jF"{', estate described herein since August 30, 1972. . z ii 41 LEGAL DESCRIPTION: E {y' Lots A 6 B of Recorded Exemption No. 0705-32-4-RE350 recorded November 22,1978 .�, ' ire;+ A. 11 in Book 852 as Reception No. 1773617, being part of the SEJ, of Section 32, � .° �S' a Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. `z' zr x 11 ( , ilv I i v r xn ili:.11 CONVEYANCES (if none appear, so state): ., , fin . ' ' '£ Reception No. 1782285 , Book SAO _, Reception No. 1889961 . Book 966 , { ,� ti; Reception No. 1897988 , Book 972 Reception No. 1963585 , Book 1027 Reception No. 1063586 . Book 1027 _ !« - Reception No. , Book Reception No. , Book Reception No. , Book r , xr' This Certificate is made for the use and benefit of the Department of , it:,, , skis Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor �'' ° an opinion of Title, nor a guarantee Title, and the liability of su WELD G n F f':( the fee paid for this Certificate. COMPANY is hereby limited to 4; A In Witness Whereof, Jou COMITY TITLE COMPANY 1C has caused this certificate to be signed by its proper officer this l ll ade,1 h ck. day of Apr" . A.D. , 19,14_, at 7300 A.N. c ; . r WeWILDCOMoyy�PAir r By �U11E 1 970445 01 21t M1 Yi P� f } r # a l ' n { k: a riS + a yV4 '' 4 * 4'(< axe r " ( a> " as h 'ilea ` 1 ei .4`� � s.: , J i � r+ �' �% '� to � ) a�f � �r a �a-. +x a # I s, t� ', i U . h P ' ,t6.44} + A.''a ti d 6 .. I r '. ' TC� , t feli � ,�„, 4 li t Sh f K 1 I z j G W a !-a .d ,ty Il 1 y! y� I I r ryi t ‘'4''"w„ ' ., y. d �54` b s i c} r xt ilk, 7 V4141 4 i e *. 1:'' e :Fw :'' w 5 '1,5^ `erMa , C - a � '' a t� '.t1 .� S'eu I,F, a � � �1111 � ftii � .!+ 4 d :r t,R 1 '+17P' � 1 rkl '�lF°�.'{ § 1 u k C , sIt r '3 ,t. n "4I t'lean,"ti 44 '.041 CTM, /.4' 4"c r IDS' �y ,,k c • n td « yak �t � 1T 4'd'"i r� r �.+ {�f ! v r1 � b� f � 4 sir dt tr} � i �G f iryi) i 4 x yy,� yx.� ' y °ff t{$f,8 i 44iP .,°r x 4 7 t I h"' t ... ^ 9Fr7.:7 re. fS k 1: . tvY tl "" .. . rAt"Ir�q' w( r". t 4 % '';n yy .i.+M+''SW&- s i II 1 Egli PI . REALTY CO. WLORADO, NYUN M. and NI:nILASRA • REAtiOis.. co TELEPHONE 1303)352 1212 DENVER METH'5731672 u� ) .: h 1212Bth AVENUE GREELEV,COLORADO 80631IgHt 1 at April 19, 1984,k tit j1... County of Weld. Colorado .'et f°, 4,t^P � . Department of Planning Services 915 10th Street �'1 Greeley, Colorado 80631 r*n;: GENTLEMEN: t 14 On behalf of my client, Intrawest Bank of Greeley, I submit this I Thr." 11, ` ' L. 1 4 '4? for Recorded Exemption. Ft 4 ,.:' This total parcel is approximately 76.2 acres, the proposed larger parcel will consist of approximately 51 acres of farmland. While the smeller A tt parcel will represent approximately 25 acres consisting of two houses, t numerous scales, outbuildings, storage sheds, approximately 2,500 head feed lot and feeding equipment. I have a party willing to complete the sale of the larger parcel and several interested in the 25 acre parcel without the farmland. Both parcels will continue to be operated by agricultural users through `' separate ownership. All prospective buyers have indicated a willingness to accept one parcel as a feed lot and the other for farmland use, and x { have indicated the whole unit economically unfeasible. , ! This proposal is consistent with the County Comprehensive Plan and the Windsor Overlay District as it will take no agricultural land out of " production while allowing the smaller parcel to continue at its presentI�" and best use. As per my discussion with Rick Lessner of the Town of ! Windsor Planning Department, this parcel will not affect efficient and p R.,r orderly development. IntraWest Bank of Greeley owns approximately 82 ` ,,,•rc,, h 'is acres Contiguous to the north of this parcel. I ');; Thank you for your consideration. '' • 441: SSiincc�ere�l�y, {‘ Patrick L. McNear u Realtor Farm and Ranch Division PLM/cmf enclosures O si©,il4,,5 tee w• 2: ~ztx r �m 1 uff • l� • CLERK TO THE BOARD P.O. BOX 758 GREELEY,COLORADO 80632 (303)356-4000 EXT.4225 Ct To T-H COLORADO December 16, 1996 Soukup Investments, LLC 706 South College Avenue Fort Collins, Colorado 80524 To Whom It May Concern: Your application for a Site Specific Development Plan and Special Review Permit for a livestock confinement operation (400 cattle), boarding facility (12 horses), and three accessory to the farm residences along with the principle residence (four residences total) in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the SE1/4 of Section 32, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by January 17, 1997. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara J. Kirkmeyer, Chair BJK/skm pc: Jacqueline Johnson, Attorney I/we, , do hereby request the Board of County Commissioners to c id a a o mentioned application. 970445 WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. MARILYN J. DAVID, R.SAM OLDENBURG GREELEY, CO 80631 OF COUNSEL JOHN J. BARRY JEFFREY T. BEDINGFIELD (970)352-3161 JACQUELINE JOHNSON FACSIMILE(970)352-3165 CURTIS R. SEARS '-2 January 14, 1997 C Cle k to the Board Board of County Commissioners Weld County, Colorado P. O. Box 758 Greeley, CO 80632 Re: Soukup Investments, LLC Dear Clerk: I am enclosing a request signed by Brian Soukup for a hearing before the Board to consider the application for a Site Specific Development Plan and Special Review Permit. Very truly yours, WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP r` \J V Jacqueline Johnson nn Enclosure g('/z,c bc,t' • 9'70445 Hello