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Home My WebLink About730546.tiff 1 1/X' X99 FINDINGS AND RESOLUTION CONCERNING PETITION OF GEORGE F. KERN & COMPANY FOR EXPANSION OF A CATTLE FEED LOT OPERATION The petition of George F. Kern & Company, P. O. Box 220, Windsor, Colorado, for expansion of an existing cattle feed lot operation on the following described property, to-wit: North Half (N2) of the Northeast Quarter (NED excepting strip of land 29 feet wide off south side and all that part NWl lying north of right of way of the Colorado Southern Railway Co, , all in Section 17, Township 6 North, Range 67 West of the 6th P. M. , also South Half (SD of the ' Southwest Quarter (SWD of Section 8, Township 6 North, Range 67 West of the 6th P. M. , Weld County, Colorado, came on for hearing on May 29, 1973, and the Board of County Commissioners of the County of Weld, having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and statements and recommendations of the Weld County Planning Commission filed with said Board, and having made physical inspection of the above-described premises,. and having carefully weighed the same, now makes the following findings: 1. The,evidence and investigation shows that the inhabitants of the immediate vicinity and of the surrounding area have mixed emotions relative to further expansion of an existing cattle feed lot operation at the location of subject property. 2. The evidence and investigation shows that the expansion of said cattle feed lot operation lies in a potential residential and recreational growth area and same would be too visible and unsightly and not indicative of good planning, 3, The evidence and investigation shows that the prevailing winds are from the northwest and expansion of said cattle feed lot operation would materially add to air and odor pollution which would become more obnoxious to the surrounding inhabitants, including the inhabitants down- wind and immediately to the southeast of subject property in the Windsor area. 4. The evidence and investigation shows that the expansion of said feed lot operation lies within the Windsor comprehensive plan and any expansion of said existing cattle feed lot operation at this time would not be in the interest of good planning, 5. That each of the preceeding findings in and of themselves and ; independent of each other constitutes a separate and individual ground for denial of the request for expansion of said existing cattle feed lot operation. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld has heard the application, of George F. Kern & Company for per- mission to expand an existing cattle feed lot operation upon a tract of land as hereinabove recited, and PL0745 730546 • e- •; - WHEREAS, said Board has made its findings on the evidence and testimony submitted to it, including the independent investigation by the Board, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the petition, evidence and testimony and the recommendations of the Weld County Planning Commission, and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the petition of George F. Kern & Company, P. O. Box 220, Windsor, Colorado, for per- mission to expand an existing cattle feed lot operation on the land indicated above be, and it hereby is denied on each of the grounds set forth in the Board's findings therein. The above and foregoing findings and resolution was, .on motion duly made and seconded, adopted by the following vote on the 20th day of June, 1973, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • r--(11- , ,, , ,L7 ATTT^E�S'T: COUNTY C . RK AND RECORDER AND CLERK TO THE BOARD By: 2-//,,, �,� , Deputy County Clerk A XE AS TO FQM: OU ATTORNEy PL0745 /24O .99..31 730546 �,,; 1‘._ I 1 - - — - ---- - -- - - 1 \"1Y RECEIPT FOR CERTIFIED MAIL-30¢ (plus postage) i S 0 'mil Ai n 4 POSTMARK DATE 1 N‘in STR T AND 0. � I Q ‘Zr / • � yd . . . `CO P.O., ST TE AND CODE �. dCY? OPTIONAL SERVICES FOR ADDITIONAL FEES _ in - .RETURN 1. Shows to whom and date delivered rsC I ppp� RECEIPT Wlth delivery to sliessee only 651 SERVICES ,/ 2. Shows to whivery t e and where delivered..15$ With delivery to addressee only 651 Q 4 DELIVER TO ADDRESSEE ONLY SOd 1F-1 SPECIAL DELIVERY (extra fee required) Form 3800 Ap NO INSURANCE COVERAGE PROVIDED— (See ether side) Apr. 1971 NOT FOR INTERNATIONAL MAIL eGPO: 10700.3"7.401 SENDER; Be sure to follow instructions on other side f I ;ATCyp3�1r�pc�ggpp�pp flNISHIjVICE(S) INDICATED BY.CHECKED BLOCK(S) f OUNIYQr'VGEL� (Ad QWend cF urges required for these eeruicee) iled ✓,th ❑1_ C_rk of th Board Deliver ONLY I 1 f Coun C P(�M�!,M),� om.. ate and address .W 'dr8 Jeered ❑ to addressee i { JUN 261973 RECEIPT i' /-,-. Received the numbered article described below 4 1 REals1'ERir h&, y Slf NATURE OR NAME OF ADDRESSEE (Must always he filled in) COUNTY CLERK AND MONDE _ _ 1 �RT1FIIi0 NA ( P 3j7/S -/-A5--- © SIGNATURgE OF ADDRESSEE'S AGENT,IF ANY L ) INSURED NO.. „/�i,�l� a" C r 1 �. DATE DELIVERED SHOW WHERE DELIVERED if requcstdd'ured atclude ZIP Code) I 1' � (� L_ o—J BEFORE THE BOARD OF COUNTY COMMISSIONERS ) ) ) ) WELD COUNTY, COLORADO ) ) ) ) GEORGE F. KERN & COMPANY LAND USE PERMIT CONTINUANCE JUNE 4, 1973 THE BOARD OF COUNTY COMMISSIONERS GLENN K. BILLINGS HARRY S. ASHLEY - ABSTAINED ROY MOSER SAMUEL S. TELEP, COUNTY ATTORNEY BURMAN LORENSEN, COUNTY PLANNER CHARLES WILLIAM KIRBY, APPLICANT APPEARANCES: NORA KELLER HELEN BRUNNER MR. HETTINGER JOHN WEBER ELMER PFEIF MRS. ELMER PFEIF NORMAN JOHNSON ALEX FELTE NORMAN MARTIN MARVIN SITZMAN MANUEL PINEDA BILL GRANT MR. BILLINGS: We will call this hearing to order Docket Number 29, George F. Kern and Company of P. 0. Box 220, Windsor, Colorado. It was carried over from May 29, 1973, until this morning at approximately 10:20. It is a request for a land use permit for a feedlot expansion. I might make note at this time that Mr. Ashley, because of personal reasons will not sit in on this hearing. Mr. Moser and myself will serve. At this time Mr. Telep will you make the record. MR. TELEP: Thank you Mr. Chairman. Let the record show that this cause came on for a hearing today, June 4, 1973, on the petition and request of George Kern and Company a partnership, for a land use permit, for the expansion of an existing feedlot operation on the following described property being located in the North Half of the Northeast Quarter , excepting a strip of land 29 feet wide off the south side and all that part of the Northwest Quarter lying north of the right-of-way of the Colorado and Southern Railway Company all in Section 17, Township 6 North, Range 67 West of the 6th P. M. also the South Half of the Southwest Quarter of Section 8, Township 6 North, Range 67 West of the 6th P. M. , Weld County, Colorado. Let the record further show that the matter was duly published as required by law - hearing on April 27th and May 18th 1973 respectively in the Greeley Journal . The original hearing was had on May 29th 1973 and the matter was continued to this day. Let the record still further show that there are in the file many receipts indicating that the hearing - the notice of hearing is sent to the various adjacent landowners by certified mail , thus affording them an opportunity to be present at the hearing and to testify either in favor or against the granting of this site approval . Let the record still further show that there is in the file a resolution of the Weld County Planning Commission recommending unfavorably as to this site approval and the reasons therefore can be gone into by further detail by the Planning Director, Burman Lorensen. Let the record show that the petitioner is present being represented by one of the partners - Charles William Kirby. With that Mr. Chairman, I believe we are ready to proceed. MR. BILLINGS: Thankryou Mr. Telep. At this time would you explain to the Board exactly what you propose to do in the expansion of the feedlot and possibly answer some questions for us. MR. KIRBY: Yes, Mr. Chairman, I am Charles William Kirby and I am begining to feel a little like a broken : --- I will read this statement that I have prepared and I hope it isn't very long. MR. TELEP: Mr. Kirby after you get through reading that would you like to identify that particular statement and introduce it as evidence. -2- �J MR. KIRBY: Yes, yes I will make a copy of it. MR. TELEP: We will make that petitioner's: ezhibit "A" MR. KIRBY: I am begining to feel a little bit like a broken record as I have already made the request four times once to the County Planning Board employees, twice to the Windsor Planning Board and once to the Weld County Planning Board. However even though I am sure the Commissioners are familiar with the request from the County Planner's viewpoint I believe I should try to go through it again. We made plans and agreed to acquire the farm in Section 17, Township 6, Range 67 a little over two years ago as we were making plans to phase out and make available for development the cattle pens on the southeast edge of Windsor, with a capacity of a little over 4,000 head. At the time I felt I was being cooperative. There was a great deal of complaint that no land was available for development with access to sewer facilities and so forth. We are very close to a state highway between Windsor and the Eastman Kodak plant. This was probably bad and certainly presented problems with manure disposal as we cross or get on a very busy highway for almost all of this. The farm in Section 17, seemed a very practical solution to our problem. There were corrals in use there for around 700 head of cattle. Water was available both from the Greeley Water line and from North Weld and adequate irrigation water. was available for corral sprinkling to control dust. It was feasible to have a set back in excess of 600 feet from any highway or county road. A point which the County Planning -3- Commission was stressing quite a lot at that time. I note several variances have been allowed prior to then and since then but I felt it was important. We would then in addition be able to have a hill between these pens and the highway, which would hide them substantially from traffic on the highway. There is also an excellent set up for diverting run-off to pasture we own, pumping any additional back on to our irrigated land. In short I have complied with the red tape requirements , the location fits all the criteria spelled out in the Weld County Planning and Zoning book as revised in 1970, which is still in use. The zoning is "A" which is correct etc. The only additional requirement is approval of the County Commissioners which is per said book. I feel if you turn this down today, you are in effect saying that this published plan has no meaning, the decision is really made upon the Planners whim of the day and local pressure. The request again in review is for expansion, of an existing lot to 2500 head capacity from the present 700 head capacity. Further while I have the floor I would like to make a point about the proposed County's comprehensive plan. I think it is terribly unfair to say to people that in effect that they will never be able to live on an acreage in the country, unles*ou already do, on the other hand I think people who make this choice should make an attempt to understand, accept and educate themselves in regard to the various businesses, agriculture, agricultural businesses, retail , small and large industries to an extent that they realize that some of the most important and basic producers do have some odor problems. But that they probably will be solved in time and that our country with very fresh air would be an extremely poor place to live without food, clothing, shelter, power and so forth. It is very difficult for me to accept without anger, the statement of Mr. Hogan, this was at the Windsor hearing, who lives one mile north of our proposed feedlot expansion that our existing feedlot of 3 or 4 thousand head in it out�mells Monforts 100,000. It was a little insulting to both of us. Gentlemen I don't envy -4- you your decision here today. I hope you will give it very careful thought. There are more concepts of freedom and what is really good for the good of all in the long run than you can imagine. Thank you. MR. BILLINGS: Do you have any questions of Mr. Kirby at this time Roy? MR. MOSER: No Audience: I have a copy (Mr. Kirby) MR. BILLINGS: Mr. Kirby did you have anyone else here today that would want to make comments. MR. KIRBY: I brought no representation specifically unless someone else feels called upon to do so. MR. BILLINGS: Is there anyone else in the room who would like to make comments in support of the granting of this application? MRS. KELLER: My name is Nora Keller and I live at 329 Oak Street in Windsor and I am for the feedlot. MR. BILLINGS: Is there anyone else? MRS. BRUNNER: I am Helen Brunner and I live at 320 Sixth Street and I am in favor of the feedlot. MR .HETTINGER Mr. Chairman, my name is Gene Hettinger and in Weld County by golly we need a little agriculture for us to go on - we need a place to sell our corn. We need a place to get some manure from and the Town of Windsor thinks that the odor is going to be that bad = I am sure they won't have too much of an odor problem because the rules when the wind comes and with good housekeeping/I am sure the Kern Company will do a fine job of it. -5- V MR. TELEP: Mr. Chairman has it been established where Mr. Hettinger lives from where this site is? . MR. BILLINGS: What is your location from this site, Mr. Hettinger. MR. HETTINGER: Approximately one mile from the location MR. BILLINGS: Which direction? MR. HETTINGER: East. MR. BILLINGS: Is there anyone else? MR. WEBER: I am John Weber, I live right south of Kodak and I haul this silage to Bill and he sold me back manure so he help; me out all the time. MR. BILLINGS: Yes sir. MR. PFEIF: I am Elmer Pfeif from Windsor, I live south of Windsor and that is the way with John Weber he buys corn from me and we get manure and I am in favor of the feed corral . MR. BILLINGS: We have a lady back here. MRS ELMER PFIEF: I am Mrs Elmer Pfeif- south of Windsor a Mile and I believe that this is wrong to take this away from Mr. Kirby - or not to let him have it for this purpose. Anybody that puts a steak on a grill whether its indoors or outdoors should take a whiff of this smell - of the steak and realize that a man of this doing here has the courage to go ahead and around set up a feedlot for us farmers/here or us city people to have -6- these steaks of which we all need - whether its a steak or anything else and I am for it. MR. BILLINGS: Is there anyone else? MR. JOHNSON: Mr. Chairman, I am Norman Johnson, I own a farm one mile north of the proposed site. Two observations I would like to make - one economical - the balance of feed consumed by this feedlot that is raised by the farmers close in this area, if it isn't used in this/neighborhood it has to be transported - creating a transportation problem. Number two an odor observation - a comparable lot like this - Barry Linds up north of Severance several people that live south and east of that lot and this lot is about 3,000 capacity they have lived in this area all of their lives and they get an odor once 7 in a while. Its something they have accepted and its not unbearable. I think for this lot to be compared with Monforts and unjust _._. Feed Lot up north of Greeley is most unfair/and therefore this odor problem wouldn't be near as serious here as it was in the case of Monforts. MR. BILLINGS: Is there anyone else? MR. FELTE: I am Alex Felte from Windsor. I live it would be just about a quarter of a mile from the feedlot. But what we have there we are going to spend a lot of money for schools I and it will be right in the backyard of the school . I am against that. MR. BILLINGS: Your opposed to it . I 'll mark that down here MR. FELTE: Yes. MR. BILLINGS: Right now I am just asking for those people who are in favor of granting of the application. Is there anyone else who is in favor' -7- MR. BRUNNER: Mr. Chairman, I am Ken Brunner I live right south of Windsor. We farm 300 acres directly to the north adjoining the property of the proposed feedlot and west and we do sell feed to Bill my Dad and I farm together in a partnership and we are in favor of the proposed feedlot. MR. BILLINGS: Is there anyone else? I believe I have an accurate count but so I do will all those people who are in favor even if you haven't testified but you are in favor of the granting of the application - hold up your hand. You are in favor - this is what I am asking. MR. OLSON: I get 26 MR. BILLINGS: Thats what I 've got. Let the record show that there are 26 people present in favor of the granting of the application. Now is there anyone who is against the granting of the application? Yes sir. Give your name and address.& location MR. MARTIN: Yes Mr. Chairman, I am Norman Martin, First Sheridan Corporation a susidary of Sheridan Savings=.and Loan of Windsor. I spoke at the Planning Commission the Weld County Planning Commission meeting - against this application. I certainly do not deny Mr. Kirby his right to be in business and to have steaks a feedlot and to provide us with feed which we all like an enjoy however, I would like to take issue with his location of the feedlot. The location of his business. The First Sheridan Corporation owns 170 acres just south and west of the his project formerly known as the Lorenz farm and the Heinze farm if you can identify it on you map there. We are planning a housing development for the Windsor area in conformance with the Master Plan and considering our development acid the proximity of the new multi million dollar school facilities being built and the close proximity of the town, we feel that this is not a good location for the expansion of the feedlot. -8- I do not have a long statement prepared to enter as an exhibit but I would stand certainly on the opinions of the Windsor Planning Commission, that gave this careful consideration . the Weld County Planning Commission and the Weld County Planning staff. The Health Department report and all that goes in it certainly should bear heavy weight. Thank you. MR. TELEP: Mr. Chairman, I would like to make an additional observation - has it been established where Mr. Martin resides as per this feedlot location? You might tell us where you live? MR. MARTIN: I live in Denver - Lakewood. MR. TELEP: All right I just wanted that for the record. MR. BILLINGS: Is there anyone else? AUDIENCE: May I ask Mr. Martin a question - you question the locality of this. Pardon I am Marvin Sitzman I live a mile east of the proposed lot. You question the locality of this. Could you give us anyplace that you would think would be a good location for a feedlot - outside of fifty miles away. MR. BILLINGS: Its kind of hard for him to answer. It is hard for us to answer also. MR. KIRBY: You had enough of that last week didn't you? MR. TELEP: Mr. Chairman, I think we ought to dwell on why somebody is against it and why somebody is in favor as opposed, direct dialogue. MR. BILLINGS: Is there anyone else who is opposed to the granting of this application? Yes . MR. PINEDA: My name is Manuel Pineda of Route 1 , Windsor and I want to represent myself and my brother Pineda and a Mr. Robert -9- who owns roughly 40 acres in the northeast quarter of Section 17. I own roughly 18 acres adjoining, well adjoining the whole feedlot. And the part I represent are strictly opposed to it. The further expansion - well number one for personal reasons and that would be the devaluation of my property along the north side of the little lake over there. I think the north side of that lake could possibly be a future recreation park site for lateron - with a proposed feedlot in that area it would just kill that and also drive the price of my property down. Number two, I think a feedlot in this area would further contaminate both the existing lake and also water in the - to what extent - in the Number 2 Canal . . Another reason would be also - the present construction just started of the new high school I think it will present very unfavorable conditions for the new school . I am not against the feedlot as it currently stands right now. The way the feedlot is right now, I don't think- I believe its alright - I have no objection to cattle being fed there at the capacity it will currently handle. Mr. Kirby made reference and some of the other neighbors here and I realize this is really going to put in for a lot of conflict between them because I am a farmer and cattle feeder myself but I always figured I could go on my own two feet and so could all my own family and not to get - but as I say it's strictly personal . Mr. Kirby made reference and some of the other farms that the economic impact that this would have - let us first remember that Kern Company sold out to urban interest - I don't believe there was any pressure to sell out - it was a good feedlot at the present location which Mr. Kirby's lease expired or whatever - but you farmers in the area - haul you feed in there- the scales were there the pits were there everything was set up with all the new rules and regulations that are being set up in this county and -10- /roughly who owns 40 acres in the northeast quarter of Section 17. I own roughly 18 acres adjoining, well adjoining the.. whole feedlot. And the party I represent are strictly opposed to it. The further expansion - well number one for personal reasons and that would be the devaluation of my property along the north side of the little lake over there. I think the north side of that lake could possibly proposed be a future recreation park site for later on - with a/feedlot in that area it would just kill that and also drive the price of my property down. Number two, I think a feedlot in this area would further contaminate both the existing lake and also water in the - to what extent - in the Number 2 Canal . Another reason would be also - the present construction just started new present of the/high school I think it will/very unfavorable conditions for the new school . I am not against the feedlot as it currently stands right now. The way the feedlot is right now, I don`.t think— I believe its alright - I have no objection to cattle being fed there at the capacity it will currently handle. Mr. Kirby made reference and some of the other neighbors here and I realize /between them because this is really going to put in for a lot of conflict - I am a farmer and cattle feeder myself but I always figured I could go on my own two feet and so could all my own family and not to get - but as I say its strictly personal . Mr. Kirby made reference and some of the other farms that the economic impact that this would have - let us first remember that Kern Company sold out to urban interest - I don't believe there was any pressure to sell out - it was a good feedlot at the present location which Mr. Kirby's lease expired or whatever - but you farmers in the area - haul your feed in there. - the scales were there the pits were there everything was set up with all the new rules and regulations that are being set up in this county and (°- state - I believe that future cattle feeders or any - or any construction outfit when we start to go to building on our own land - well why there are rules and regulations that we have to abide by - if we are going to govern ourselves the that way. If not why we can just throw/law system away. A concern for the farmers in the area should have been thought of before the existing feedlot was put out of business. In reference to the legal description the North Half of the Northeast Quarter of the Northeast Quarter excepting a strip of land 29 feet, wide off the south side- I believe this strip here - I hold title to. This is not a public right-of-way. Its privately owned - I own it - theres only one other party who has a right through it and that is Mr. Robert Albertson. Thank you. MR. BILLINGS: Mr. Pineda, did I pronounce that right? MR. PINEDA: P i n a d a, sir. r MR. BILLINGS: Would you show me on the map here, is that the existing driveway that goes to the feedlot that you are referring to. MR. KIRBY : No MR. BILLINGS: (examinrtng the map) this is your property here. MR. PINEDA: Oh - we own or we are buying another 320 acres further on - all right we have - my brother and I own a strip of land - all this right here is roughly - on the north side of the canal - 9 acres around the little lake on the south side of the canal . MR. BILLINGS: Is there any question, Mr. Kirby of the title to this here in respect to your feedlot? -11- MR. KIRBY: No, no this is correct as far as location Mr. Chairman MR. TELEP: That would not be prejudicial in any matter. No MR. BILLINGS: Well I just thought there might be a conflict / a conflict of here - we had one a few weeks ago - on who owned what property. I thought maybe we had the same problem. Is there anyone else who would like to give testimony against the granting of this - yes ma'am MRS. KELLY: I am Mrs. John Kelly representing Dr. John Kelly, my husband and myself who own land adjoining the proposed feedlot. We are in part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 6 North, Range 67 and our land adjoins the Pineda land to the north. We are against this expansion and our reason is the pollution of the air that the feedlot would cause, the air now is clear relative clean/and odor free and with the prevailing northwest- west winds that we have we would always have an odor. Also the pollution of the underground water table that the feedlot - seepage runoff would cause. We are also thinking of the people of Windsor and mainly the students going to high school they would really be subjected to this odor with the prevailing wind and they would have that stench constantly. Now we realize that Mr. Kirby has an interest in the land but so do we. MR. TELEP: Mr. Chairman, has it been again established where Mrs. Kelly lives? MR. BILLINGS: You live on the property you mention right? MRS. KELLY: Yes yes - we face the Highway 257. MR. BILLINGS: Anyone else? MR. GRANT: Mr. Chairman, my name is Bill Grant and I am a Windsor resident and I am the manager of Sheridan Savings and Loan Association of Windsor and I also work as the -19- holding ground now become intermediate investors if they throw up their hands and say gosh we can't develop it. We can't sell now. When they sell they will want to sell for a small profit, which means the cost of the land goes up again. And this to me Mr. Chairman and ladies and gentlemen is the sad part because the folks we are talking about that own the 20 to 25 thousand dollar homes are the working man. We are talking about a man who can get into that home with an income of between $700 and 1 ,000 a month. There is a great need in Windosr for this type of housing and I am worried if we don't look into the future a little bit it may be - we may be inhibiting this type of development for our community. Thank you. MR. TELEP: Mr. Chairman, again for the record I think it should be established where Mr. Bill Grant lives. MR. GRANT: I live in Windsor. MR. TELEP: Thanks. MR. BILLINGS: Is there anyone else. All those who are opposed to the granting of the application would you hold up your hands please. Eight. There isn't anyone here from School District RE-4? MR. KIRBY: Only one and I am afraid I would be a littel bit prejudice. MR. BILLINGS: You 're it - laughter - all right I am concerned or not concerned - surprised that they are not here. MR. KIRBY: I don't think there was any official action on it. -13- MR. BILLINGS: Action taken. For - looking at the map it looks like the school land is about a half a mile from the feedlot - is that correct? MR. KIRBY: Yes - the land does come within a half of a mile of our land - yes. MR. BILLINGS: You are presently feeding 700 head there - MR. KIRBY: Its been empty - its been empty for a month or so because of the uncertanity of what was going to happen. Whether it was even feasible to try to continue this way or what. MR. BILLINGS: There isn't anyone here representing the Town of Windsor, I guess then I should read this letter into the record. Its from the Town of Windsor addressed to the Board of County Commissioners. "Gentlemen: The Windsor Planning Commission at a special meeting held on March 22, 1973, voted to recommend to the Weld County Planning Commission that the proposed feedlot relocation and expansion by the George F. Kern Company not be allowed. The area proposed for the feedlot expansion lies within the area designated for single family residential use in the Windsor comprehensive plan. Such an intensive agricultural use being only 3/4 of a mile from the Town limits of Windsor could only result in land use conflicts that should be precluded if at all possible. The Windsor Planning Commission realizes that feedlots are vital to the survival of the economy of Weld County, however, the planned growth and development of its municipalities is just as essential as the welfare of the County as a whole. Therefore the Windsor Planning Commission recommends that the proposed feedlot expansion not be allowed. " Signed by Jeanie Brunner, Secretary. Does anyone else have any other comments? -16- • ' Y MR. BILLINGS: Action taken. For - looking at the map it looks like the school land is about a half a mile from the feedlot - is that correct? MR. KIRBY: Yes - the land does come within a half of a mile of our land - yes. MR. BILLINGS: You are presently feeding 700 head there - MR. KIRBY: Its been empty - its been empty for a month or so because of the uncertainty of what was going to happen. Whether it was even feasible to try toJconti.nue this way or what. MR. BILLINGS: There isn't anyone here representing the Town of Windsor. I guess then I should read this letter into the record. Its from the Town of Windsor addressed to the Board of County Commissioners. " Gentlemen: The Windsor Planning Commission at a special meeting held on March 22, 1973, voted to recommend to the Weld County Planning Commission that the proposed feedlot relocation and expansion by the George F. Kern Company not be allowed. The area proposed for the feedlot expansion lies within the area designated for single family residential use in the Windsor comprehensive plan. Such an intensive agricultural use being only 3/4 of a mile from the Town limits of Windsor could only result in land use conflicts that should be precluded if at all possible. The Windsor Planning Commission feedlots are vital realizes that/the survival of the economy of Weld County however the planned growth and development of it municipalities just as is/essential as the welfare of the county as a whole. Therefore the Windsor Planning Commission recommends that the proposed feedlot expansion not be allowed. " Signed by Jeanie Brunner, Secretary. Does anyone else have any other comments? T 1 i' ,d�� -14- j1 If not Mr. Lorensen will you make the recomendation of the County Planning Commission. MR. LORENSEN: Mr. Chairman, the Planning Commission recommended unfavorably to the County Commissioners for the following reasons: the proposed site is physically uncapable for the proposed use: the Comprehensive Plan of the Town residential of Windsor proposes development for this location: the Planning Commission has officially adopted the plan for land use purpose: the proposed use is located approximately odor one-half mile from Windsor and it would cause/problems. It has been recommended for denial by the Health Department and recommended for denial by the Town of Windsor. MR. BILLINGS: Do you have any questions Mr. Moser? MR. MOSER: From all the records I have heard I agree with them to a point on both sides I -can understand both the records I have heard, the problems and the only thing I have to say at this time is - I imagine it would be difficult for anyone of you to make this final decision. Thats about all I have to say on it. One way or the other we are going to have to make a decision. MR. BILLINGS: I don't have any other questions myself but I think the chair would entertain a motion to take this under advisement. MR. KIRBY: Could I make one more comment with regard to the Health Department MR. BILLINGS: You sure can. MR. KIRBY: A comment, at the Planning Commission hearing he did admit that it was strictly a disapproval on a basis .on a general disapproval of being that :close to a town. Nothing that he could come up with that was specific as far as -15- beiing a particular health problem. I think that that should be a part of the record since it was brought up as being disapproved. Audience: I heard the Health Department man speak and his comment was somewhat longer than Mr. Kirby's comment. I think if you are going to accept Mr. Kirby's comment maybe we should hear the entire statement by the Health Department. MR. KIRBY: I think it is available as a matter of record before the Planning Commission hearing. * MR. BILLINGS: Do you have that letter Mr. Lorensen? I have one from the Soil Conservation * MR. LORENSEN: I believe I gave it to you. MR. KIRBY: Yes also that should be made a part of the — — MR. TELEP: Mr. Chairman, I would like to make an additional observation everything that is in the record all the evidence that is introduced here today, all the instruments that have been identified, the recommendations, the letters and everything - I think that the Board should give it as much weight as it deems necessary. I think that would speak for the record. MR. BILLINGS: We have a copy of the Health Departments recommendation and that of the Department of Agriculture and this is the reason the Chair aseto take this under advisement. There are many of these articles that we received just when the hearing comes up and I certainly want to look at it somelore. MR. KIRBY: Thank you. -16- MR. BILLINGS: The Chair would entertain a motion to take this under advisement. MR. MOSER: I would so move Mr. Chairman, that we take this under advisement for more study. MR. BILLINGS: The chair will second the motion. How do you vote on the motion Mr. Moser? MR. MOSER: Yes. MR. BILLINGS: The chair votes yes. Let the record so show. Adjournment is in order. MR. MOSER: I would so move that we adjourn. MR. BILLINGS: The chair seconds the motion. We are adjourned and we will let you know just as soon as we have a chance to study this as to our decision. Meeting adjourned. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Glenn K. Billings ABSTAINED Harry S. Ashley Roy Moser By: Deputy County Clerk _ BEFORE THE BOARD OF COUNTY COMMISSIONERS ) ) ) WELD COUNTY, COLORADO ) ) ) ) GEORGE F. KERN & COMPANY LAND USE PERMIT MAY 29, 1973 THE BOARD OF COUNTY; COMMISSIONERS : GLENN K. BILLINGS HARRY S. ASHLEY ROY MOSER SAMUEL S. TELEP, COUNTY ATTORNEY BURMAN LORENSEN, COUNTY PLANNER GILMAN OLSON, DEPUTY COUNTY CLERK MR. BILLINGS: We will call this hearing to order for Docket #30, Melvin R. Weber. Mr. LORENSEN: Mr. Chairman. Mr. BILLINGS: Maybe I had better open up Kerns first. Mr. LORENSEN: Yes. MR. BILLINGS: Do we have an answer yet? MR. OLSON: We will just mention it. MR. BILLINGS: All right we will open up this hearing on Docket Number 29 for George F. Kern and Company of Box 220, Windsor, Colorado. This hearing is for a land use permit for a feedlot expansion has been continued until 10:00 A. M. , on Monday, morning June the 4th. MR. ASHLEY: Do we have a motion on this - - I so move. MR. BILLINGS: I have a motion that we continue the hearing on Docket Number 29. How do you vote on the motion Mr. Ashley? MR. ASHLEY: Yes. MR. BILLINGS: The chair votes yes on the motion. Let the record show that Docket Number 29 has been continuted to 10:00 A. M. on June the 4th. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: DEPUTY COUNTY CLERK June 4, 1973 10:00 A.M. r E LC 0 ; D __ George F. Kern '8. Co. Docket #29 P.O. Box 220 L.U.P. 'Windsor, CO 80550 . CONTINUED FROM: May 29� 1973. 10:20 A.M.. Feedlot Exp. NAME ADDRESS _ % i I \ . t l� � S -1` - ie 72:t-g 7 ete-vi-jsee-2..< -1--4-7-1---Olec-eir rit --6 _,.. ,= csA, 2� 0_,7 .F Cam, U vMbi )P6/7 Dui 1:t/ fri &L(s , . ✓ Q -'<. ..4f2r:/te-Z., R 1 1 # VenrAfft-• Pt�.. .,4).eoi) C P./. . PegOiC � r- -1 (DOL . . . a &az!,.� .,-� �� _V/ irde �, kz, r ei:2-& - e 2.8,_ ,,/,,,:aO,_ (Ire - 0,„di 2/_(„64_,,, e�, ....„, . irs,48,, A.-(e) . . ci).9 _. . --- --- - v �� ,�� , .ti/ .4a,_A_-1/4/,--- 4.,„2 la e r.- t-"-CCU . . TTE NIJA NGE rC D ' George F. Kern & Company Docket #29 Land Use Permit P.O. Box 220 - Windsor, CO 80550 1Mr� 2 9 973 COP7YIN �° Feedlot Expansion ' JUNE �}, 1973, 1000 A.M., NAME n ADDRESS /a 0 • 21a, ace • C_tearen.„we w r Bowe ` t r 2 4-tree, �� (� #6:3.A.„ ge4 jj amgexiv Sost, 77/"; .i< ��1' , > at n (1) )q?s /0':00 plyn• A TTENDkL\LCE R - FC0 . ' : � D �Sa, ae / E(Er h Co , occ,tezt #-_,9 P.,sitO• o�G cdr p 1 , . 1re yntin GI ed. Ey-0 _ NAME I ADDRESS J Ors.A`if a . .4; fri/,"1'0, e a/O . a I, A de 117% l� 77--z-z7€, --/c3 17AA iei, (Pa n/ ail 1 i9 eP f � I 0� 64 /4, Bo._/I �7� 9[: w—�w (i & S 7 Z(Zt yc 6d 6-4 a-7 / 73,- ../2.-7 . l ()ALL a) tm tlA 0;0 � 2 ?) Yhau C, L� adc,„ cs-?_ ,,,,,,,,,_ " ). 4,,,,y_ kL,,,_,A.o.„ ,„___,6, go,,, .4_, ,�. , , //� , C, I I� BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . SUP #2.03 Date 4/3/73 • APPLICATION OFGeo . F. Kern & Co . ADDRESS P. 4• :" Box 220, Windsor , Colo . Moved by John Weigand that the following resolution be intro- ' duced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the application for site approval of Feedlot expansion • i covering the following described property in Weld County , Colo- ' rado , to-wit : NZ of NE4 excepting, strip of land 29 feet Glide off south side and all that part NW1 lying north of right-of-way of the Colorado Southern Railway Company, all in. Section 17 Township 6N , Range 57 'Jett of the 5th P- M: : also s1/2 of Si of the SW1/4 of Section 3 , Township (6N , Range- 67 W of the 5th P : M. , Weld County , Colorado • be recommended x(cftn,<rpacbxl(Ac ( unfavorably) to the Board of County Commissioners for the following reasons : Although the' site is • physically capable of the proposed use , the Comprbhensive Plan of Windsor proposes residential development at .this location . The Planning Commission has officially adopted the plan for land. use .purposes : Proposed use .is located approximatily 1 /2- mile from blind or and would cause odor problems . Recommended for denial by the Healtn Dept. Recommended for denial by the Town of Windsor. Motion seconded by John Watson Vote : For Passage : Glenn Anderson' Against Passage : Bill Elliott • Ronald Heitman Elmer Rothe Dean Severin • • John Watson • John Weigand • • 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 . • j r[ CERTIFICATION OF COPY I , Dorothy Chlanda , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of Resolution of the Planning Commission . of Weld County , Colorado , adopted on April 2, 1973 , and re- corded in Book No . IV , of the proceedings of said Planning i Commission . Dated this 3rd day of April 193 Recording Secret ry , Weld Planning Commission i i I i i • The Weld County Planning Commission held an executive meeting Tuesday, September 18 , 1973 at 12 : 30 P .M. at the Red Steer Res- taurant , Lucerne , Colorado Roll call was as follows : • John Watson , Chairman Present J . Ben Nix Present - Glenn Anderson Present ` Elmer Rothe Present Bill Elliott Present Ronald Heitman Absent John WeioAnd Absent Donald Clark Absent iPeLa Severin Absent Others present : Glenn Billings , Weld Co . Commissioner Cindy Telep , Assistant County Attorney Gary Fortner , Weld Co . Planner Chris Kavalec , Secretary to County Commissioners Mr. Watson called the meeting to order . SUBJECT : Plumbing Inspections Tape 505 DISCUSSION : Gary Fortner stated that Mi . Glen Paul of the Weld Co . Health Dept . had contacted the office and said that the Health Dept . had decided to keep the plumbing inspections • in their awn jurisdiction . SUBJECT : Proposed Zoning Amendment Tape 505 DISCUSSION : The agricultural zone has been broken down into four' types of uses : Permitted Uses , Temporary Uses , Conditional Uses and Special Uses . A fee on these different uses was discussed . Group assemblies will be under Temporary Uses . One of the requirements of an application for a Conditional Use would be a certified boundary- survey of the property for which the application is being made . This proposal also establishes a large minimum lot size in an agricultural zone . There would be three different "A" type zones : "A-I" , irrigated ; "A-D" , dry; and "A-R" , range . Recorded Exemptions would stay under Permitted Uses . The number of rabbits and poultry (for commercial purposes ) was discussed . It was felt that 100 rabbits and 2 ,000 poultry Would be reasonable to be considered for a Special Use ; also , 200 head of cattle and 700 head of sheep . These would be capacity figures . RESOLUTION : Be it therefore resolved to recommend approval to the Board of County Commissioners subject to legal opinion from the County Attorney . Motion by Mr . Nix , seconded by Mr . Anderson . A vote of "Aye" by Watson , Nix , Anderson ,' Rothe and Elliott . Motion carried . DISCUSSION : Mr . Fortner requested they wait a little bit before a final decision is made concerning minimum lot size . The staff has requested statistics from other counties concerning their minimum lot sizes . • • 940 • he regular meeting of the Weld County Planning Commission was held September 18 , 1973 at 3 :00 P . M . in the office of the County Com- missioners , 2nd floor, Weld Co . Court House . Roll call was as follows : John Watson , Chairman Present J . Ben Nix Present Glenn Anderson Present Bill Elliott Present Ronald Heitman Absent John Weigand Absent Donald Clark Absent Elmer Roche Absent Dem Severin Absent • Others present : • Jim Ohi , Weld Co . Planner Allen Jos 7=Weld Co . Planner Carol Lee , Zoning Administrator Cindy Telep , Assistant County Attorney Mr . Watson called the meeting to order . SUBJECT : Minutes DISCUSSION : The minutes of the last meeting were not ready for presentation at this time . MOTION : By Mr. Nix , to dispense with the minutes . Second by Mr . Anderson . A unanimous vote of "Aye" . Motion carried . APPLICANT : Ed Fagerberg SUBJECT : Fagerberg Subdivision , Final Plat CASE NUMBER: S-102 Tape 505 & 506 LOCATION : NEI Sec 29 T6 R65 APPEARANCE : Mr. Ed Fagerberg DISCUSSION : Mr. Ohi stated that the Preliminary Plat , was approved with the condition that 20 ' be dedicated on Co . Road 41 , and 25- easement for the Bliss Lateral on the east side of ditch . Mr . Fagerberg has submitted a Final Plat with 10 ' additional right of way for Co . Road 41 without any easement dedicated for the lateral . The lateral has 20 ' on the west side . Weld Co. Planning staff recommends approval as the area is zoned "E" ( Estates ) and lots meet area and frontage requirements ; Utilities Coordinating Board has approved utilities ; Health Dept . has approved septic tanks , subject to individual per- mits for each lot ; Bliss Lateral has been granted 20 ' ease- ment on west side of ditch which is adequate for a ditch that is 72' wide ; and 10 ' roadway dedication would allow 80 ' right of way on Co . Road 41 . The City of Greeley has agreed to an 80 ' right of way because of the existing house . Co . Road 41 is not designated as an arterial on the Weld Co . Thorough- fare Plan . Approval subject to one fire hydrant to be in- stalled at a location approved by the Eaton Fire District ; water contract with North Weld Water District and. Open Space and park fee equivalent to 0. 21 acres . Mr . Ohi stated that Mr. Jack Davis , from the Bliss Lateral , called and said they A41 • J would still like the easement on the east side . It was felt that possibly the three new exits could be reduced to one exit . MOTION : By Mr . Anderson , To take this matter under advisement . Second by Mr . Nix . A vote of "Aye" by Watson , Nix , Anderson and Elliott . Motion carried . APPLICANT : Park Land Estates CASE NUMBER: Z-21,8 Tape 506 & 507 SUBJECT: Zone Change "A" to "E-Irs LOCATION : N2 Sec 8 T1 R68 APPEARANCE : Wayne Barton , ffiain representative DISCUSSION : At present , there are 103 people who are subscribed into the association . These people feel that the smaller air- :rts are being squeezed out . There is an air park in Adams County that has been in existence for approximately six years and is doing very well . The runway will run north and south to take advantage of the prevailing winds . They will have restrictive covenants for the development . They started procedures in winter of 1971 . Left Hand Water can- not serve the development as it is out of, their district . This is approximately one mile from Erie and it was felt that the land was not prime agricultural land in nature . Consulted geologists and state water engineer as to solving the water problem. Obtained two well permits . FAA report _ states there was no objections at that time to an air park . There will be no commercial flying done . Land was purchased in August 1972 , and procedures begun to meet Weld Co . regu- lations . Both runway ends would be visible from either direction to eliminate any possibilities of taking off toward each other . Mr. Barton then presented some maps and drawings showing the area , proposed runway direction , air 'traffic patterns; and slides showing existing air park in Adams County . Planning staff recommends denial as it does not agree with land use policy , which is now incorporated in .the Weld County Comprehensive Plan ; does not agree with adjacent land use and zoning ; Erie recommends denial ; Health Dept . recommends denial ; State Engineers ' Office states water supply is not adequate . Further information has been submitted to them for further review; and water quality does not meet Health Dept . standards . Mrs . Lee read the summary of a letter received from the Town of Erie stating that . . the Erie Planning Commission did not concur with many design elements of the Preliminary Plat. It is the opinion of the Commission that the plan as .submitted is not truly a planned unit development and that a more creative design incorporating cluster housing with more useable Open Space would substantially reduce the amount of roads and utility lines and provide for a lowered development and maintenance cost . . . .The Erie Planning Commission would sup- port a plan with substantially higher densities than those proposed if the objections stated above and the goals of the Erie Comprehensive Plan were more closely satisfied . However, in view of all of the above described concerns and objections , the Erie Planning Commission hereby requests that the Weld County Planning Commission deny the Park Land Estates PUD application as submitted'. . . " . This was adopted on May 17 , 1973 at the Erie Planning Commission meeting . Also read a OA? i ? a �. letter from the Health Department recommending denial . At this time , comments from the audience were asked for . Mr. Steven Hamilton stated that they were concerned about the number of airplanes that would be based there . He also said that the prevailing winds were. from northwest . to southeast and felt the airport would be a hazard because this picks up the strong winds from Boulder which has blown windows out . Have no objections to .people living there , only to an airport being put in . Also concerned about the water . Betty Jo Hamilton stated she too was concerned about the water situation an.. also where would the gas come from? Wanted to know when the FAA made the reports that were men- tioned and why weren ' t they contacted at . the time . The air ol . des would create both noise and air pollution. Would add too many children to the school system. Did not feel that Erie offered that much in the way of retail services as mentioned by Mr . Barton . Mr. Hamilton pointed out on one of the slides the ap- proximate location of the building of several new homes in the area . Felt the area was already a highly densly popu lated area . Barb Saylor suggested they talk to Dr . McKenna , Admini - strator of the Longmont-St . Vrain School District concerning where the children would be going for school as the school is already overcrowded . Floyd Hacker expressed his concern over the lack of water. Warren Wiggens stated that he owned 63 shares of Cotton- wood water that could be utilized by the development for irrigation purposes . Mrs . Lee stated that on August 30 , 1973 , they obtained two more well permits (making a total of 4 with approximately 96 acre feet of water at this time ) . This information has been submitted to the State Engineer ' s Office for further review. Betty Jo Hadley ' concerned about noise and the fact that this is an arrid area , and if a fire should start it might not be put out in time . Dacono services the area for fire protection , but they are quite small . Margaret Kauffman concerned about personal safety re- garding the possibilities of planes goinq down and crashing . Mr . Barton stated that all airplanes had to conform to the Environmental Protection Agency ' s ruling -on pollution . He felt there would not be near the air traffic in the air as the residents believed . Felt this area was a good one for the development as it was open terrain . Felt the claims were unjust . They planned on building nice homes They hope to have the water and sewage problems solved before the Final Plat is submitted . Mrs . Palmyron( ? ) questioned Erie ' s wanting to condone higher density and cluster housing which would bring in more school children which is what the area residents are concerned about . 943 Mr: Barton stated they had tried to meet with the Town of Erie nine times in the past 5 months and had been able to actually meet four times . At the meeting (May 17 ) that the letter was written with 'Unanimous" approval , they had met that evening and then told they could leave as there would be no meeting that night . Two of the Planning members had no knowledge of the letter. They are willing to work out a solution concerning the sewage problem even if it .involves hiring an engineer to design something for them. Hand count showed- apprc . imately 51 present in favor and 11 opposed . MOTION : By Mr . Nix , To take this matter under advisement . Second by Mr . Anderson, . H vote of "Aye" by Watson , Nix , Anderson and Elliott . Motion carried . DISCUSSIO . Dean Cochran , member of Park Land Associates , stated twat there weren ' t that many school children , maybe 30 at the most . Plan to have their own fire district. Fred O ' Reeseburg felt the number of airplanes would never reach more than 50% of houses built there. Mrs . Dugger talked with Adams Co . officials who told her they had had no complaints on the air park located there . Also contacted FAA and found that the noise factor of single engine planes (which these would be) does not affect mortgage rates or mortgage loans . Jess Marshall , member of PLA , flys strictly for enjoy- ment and there would be no commuting . Jerky Norton would like to own his own plane some day and this would be the best way for him to do it . One of the major costs of owning an airplane is the hangar rent . Tom McFeeters felt there would not be that much actual flying over the area . Don Mobley , member of PLA , felt they offer the only chance for him to own his own plane . They plan to be good neighbors . George Daniel was not as concerned about the airplanes creating pollution , as the cars that would be involved . Mrs . Jess Marshall also expressed concern over the cars . Tom Cottier commented on the wind and dust problem . He stated that no good pilot flys in bad weather, and they take very good care of their airplanes and would not be leaving them out where the dust could get at them. Ruth White wanted to make clear that nobody was opposed to the people that would move there , only to the airplanes that were involved . It was explained to the audience that notice would be made in the local newspaper; land would be posted announcing the proposed zone change and surrounding property owners would be notified by mail before the hearing in front of the County Commissioners . Mike Chessno , VTN of Colorado the Planning and Engineering firm representing PLA , stated that natural gas would be served by Rocky Mountain Natural Gas per letter received in February 1973 . SUBJECT : Fagerberg Subdivision Tape 507 DISCUSSION : It was generally felt there should only be one access on the county road for the three lots . Could put in a cul de sac or a T street maybe . ann J , • " RESOLUTION : Be it therefore resolved to recommend approval to the Board of County Commissioners subject to single access for Lots 4 , 5 and 6 and dedication of 20 ' access street for Lots 4 , 5 and 6 ; dedication of a 1 ' strip for non-road purposes along front lot line of Lots 4 , 5 and 6 except at point of access ; water contract with North Weld Water District ; fire hydrant at location determined by Eaton Fire District ; and Open Space and park fee equivalent to 0 . 21 acres of land . Motion by Mr . Elliott, seconded by Mr . Nix . A vote of "Aye" by Watson , Nix , Anderson and Elliott. Motion carried . SUBJECT: Zonfdg Amendment Tape 507 DISCUSSInN : Need to decide on a fee for Temporary , Conditional and Special Uses . A fee of $25 . 00 each was suggested . Felt the Temporary should be left at $10. 00 . The Temporary Use permit would go through the Planning Office only. Would probably need a public hearing on group assemblies . Condi - tional Use permit heard by both Planning Commission and Board of County Commissioners , felt it should be left this way . SUBJECT : . Park Land Estates Tape 507 DISCUSSION : Felt that possibly the members of the Planning Com- mission should take a field trip to the area . One concern is the minerals under the development . Railroad has re- tained mineral rights which wou:" allow them to extract any minerals that might be located under this development . , There would have to be a few subject tos placed on this if approved , one being a statement put on their plat that they wouldn ' t allow any construction of homes on these sites (reserved by the Railroad ) because these sites are included I within lots . There are four sites that have the mineral rights reserved . In the deed , it states that any structures built on these sites at the time the railroad decides to mine the minerals , will have to be removed at the owner' s expense . It was decided to have the field trip Monday, October 1 , at 9 :30 A .M. SUBJECT: Lochbuie Development DISCUSSION : Still don ' t feel they have conclusive evidence of water after field trip taken this mornin . SUBJECT : George F. Kern & Co . DISCUSSION : Memo read concerning the "new feedlot" located in the part of the NZ of the NEa NW4 north of the right of way of Colorado and Southern Railroad Co . Section 17 Township 6 North , Range 67 West . Violation letter sent September 18 concerning this and no building permit for scale house Meeting adjourned . Respectfully submitted , (L�Jose cretary gag -- The Weld County Planning Commission held a regular meeting. Monday-, April 2 , 1973 at 4 : 15 P . M. in the office of the County Commissioners , Court House . Roll call was as follows : Glenn Anderson , Chairman Present Bill Elliott Present Ronald Heitman Present J . Ben Nix Present Elmer Rothe Present Dean Severin Present John Watson Present John Weigand Present Donald Clark Absent Others ; Glen Paul , Sanitarian Present Tom Connell , Attorney Present Burman Lorenson , Planning Director Present Bob Adams , Zoning Inspector Present Larry Simpson , No . Colo . Water Consv . Dist :Present As a quorum was present , the Weld County Planning Commission was ready to do business . SUBJECT : Minutes • -MOTION : By Mr. Weigand, to, approve. the minutes .of '.the ,_last ._regular•, = meetin"g ''as'"mailed "Second' by`Mr'. Nib. A unanimous vote of "Aye Motion carried _ APPLICANT :- . James- Mi13er�--: .. - -- - .. .. .. ... . .:. .. .... .•": - , . ,-�:-: _;__-, ,_.CASE.-_NUMBER,:-._,SUP_.#202 tape a78.-,, SUBJECT: Feedlot operation LOCATION : SZ Sec 13 T4 R65 ' y. - ' APPEARANCE: Mr: Mi'lle;r - , ` ,_._ t,: " ,�:" DISCUSSION : Mr. Lorenson read the- recommendations of the staff for approval: as i=t_a.grees with.-the-land-use- policy; "the -•use :is;:com ' Pa ti b1e';with -surrounding--land use' and "zoning , ;water is available .: from__the- Central `We1-ct Water District, `the design 7r" judged good .. _-by the- Extension "office;"-a`rtd it is recommended for approval by _ the Health Department. If approved , it should be subject to the' square footage of pens , sprinkler system, green belt 'and each ' 6 . 8 acre foot -settling pond and 12 .4 acre foot sealed re- tention pond as shown on the submitted plans . Construction to begin within one year of approval by the Board of County Com- missioners . Mr. Miller stated he had no comments , Mr. Watson - stated the distance from the highway to the feedlots should be shown on the map . This was agreed to . Mr . Lorenson stated he would like to have the square footage of the total pen area shown also . RESOLUTION : Be. it therefore resolved to recommend approval to . the Board of County Commissioners subject to, showing the requested 877 items on th.e map. Motion.= by Mr. Nix subject to recommendations of the staff. Mr. Watson stated he thought they should notify • the Gilmore Canal Company of the proposed feedlot. Second by Mr. Rothe . A vote of "Aye" by Anderson , Elliott , Heitman , Nix , Rothe , Severin , Watson and Weigand . Motion carried . '"APPLICANT : Martin Allard . CASE NUMBER : SUP #204 tape 478 SUBJECT : Feedlot expansion and relocation LOCATION : E2 Sec 29 T7 R66 ' APPEARANCE : Mr. Allard - DISCUSSION : : Mr . Lorenson -stated the staff recommended approval as . it agrees with the- land- use policy , it is compatible with the surrounding land use and zoning , water is available from the North Weld Water District , the design is judged adequate by the - Extension office , and has been approved by the Health Dept. If approved it should be subject to construction limited to the pen area ° shown on the submitted plan : and to begin within in one year of approval by the Board of County Commissioners . Mr. - Allard stated the present pens will be put into pasture . RESOLUTION : Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the recommendations of - - the Planning staff for year around use. Motion by Mr. Weigand , second by Mr. Severin . A vote of "Aye" by Anderson , Elliott , . Heitman , Nix , Rothe , Severin , Watson and Weigand . Motion carried. • APPLICANT: Ivan Gilbaugh . CASE NUMBER : S-104 tape 478 , - SUBJECT:- - Final plat of Appaloosa Acres LOCATION : SZ SW4 Sec 33 T7 R65 - APPEARANCE : Dennis Mesner DISCUSSION :. Mr. Lorenson recommended approval stating it. complies _ " , _ .. :__,. ._ .,*,._ with the- previous subdi-vision-regulations— (priorto- August-'-30 ; 1972) . It complies with the approved and recorded Planned - Unit Development. The Planned Unit De_ velopment . was recommended for -denial by the Planning Commission but approved by the- County - - Commissioners . The only change in the plat is there is . one _less_,,.lot.;=because" o.f"..the= water tabletaevel - Mr-2Mesner stated =- . the. common _ot__easements -have been reduced to :5 ' wfiich hasrbeen approved by the Utility Board `w N _ Be it therefore resolved to recommend approval to the . .Board of County Commissioners . Motion by Mr. Rothe , second by - Mr. Weigand . A vote of "Aye" by Anderson , Elliott , Rothe , Severin and Weigand . A vote of "Nay" ' by Heitman and Watson . Abstain by Nix. Motion carried . SUBJECT : Comprehensive Plan DISCUSSION : Mr. . Lorenson read a letter from the Greeley City Plan- ning Commission approving the . proposed Comprehensive Plan and commending the planning staff on the plan . 878 ti • APPLICANT : Geo . Kern Company CASE NUMBER : . SUP 11203 tape 478 and 479 SUBJECT: Feedlot expansion LOCATION : NZ NEa & NW4 Sec 17 T6 R67 + SZ SZ SW4 Sec 8 T6 R67 APPEARANCE : Mr. Kirby APPEARANCE AGAINST: Alec Felte , Norman Martin DISCUSSION : Mr. Lorenson stated the planning staff recommends the application be denied for the following reasons : Although the site is physically capable of the proposed use , the Comprehen- sive Plan of Windsor proposes residential development at this location . The Planning Commission has officially adopted the plan for land use purposes . The proposed use is located approx- imately 1 /2 mile from Windsor and would cause odor problems . The Health Department has recommended denial and it has been recommended for denial by the Town of Windsor. Mr . Kirby stated they are asking for an expansion from 700 head to 2500 head . They are vacating lots adjacent to Windsor and have been sold to a developer. They have an adequate water supply, Mr. Alec Felte stated he felt it is too close to the school . Mr. Norman Martin of the First Sheridan Corporation , with Sheridan Savings and Loan stated they own 170 acres south and west of this prop- erty and are in the planning stage for a residential subdivision and hope to be annexed to Windsor and feel the expansion of the feeding operation would be detrimental to their development . MOTION: By Mr. Nix to take the matter under advisement. Second by Mr. Heitman . A vote of "Aye" by Anderson , Elliott, Heitman , Nix , Rothe , Severin , Watson and Weigand . Motion carried . SUBJECT: Office procedure- ___ -DISCUSS-ION : -"CarOr Lee -and Bob Adams presented the problems which are occuring in processing the Special Use Permits , Zone Changes , etc . , the work load , and the time involved in researching the surrounding property owners in each case. -APPLICANT:— Geo . Kern Company con ' t RESOLUTION : . Be it therefore resolved to ` recrommend denial to the Board of County Commissioners . Motion by .M• r. Weigand , second by ,Mr Watson: -. A- vote of ,'.'Aye.'.'. by__Anderson;-- Elliott Heitman.,: Ro;the, .__Severin, ' Watson and Weigand .._ Motion carried: ;„- - -- __Meeti ng-adjourned . , An executive meeting was held at 6 :00 P . M. in the Ebony Room, . American Legion . Roll call was as follows : Glenn Anderson , Chairman Present Bill Elliott Present Ronald Heitman Present Elmer Rothe Present Dean Severin Present John Weigand Present 879 • , Others : . Burman Lorenson , Planning Director . Present Mr. Anderson called the meeting to order. • SUBJECT: Comprehensive Plan DISCUSSION : Burman Lorenson gave a report on the public hearing on the Comprehensive Plan held Monday morning. General dis- cussion followed. 'Meeting adjourned . Respectfully submitted Dorothy C anda , Secretary • • • • • • • 880 MOTION : By Mr iix that Carol Lee be aut ized to negotiate with Mr . Douthl. t. in regards to moving the feed bunks back to 50 ' and -not have- to appear before the County Commis'sionets . Second by C , ' Mr . Rothe . DISCUSSION : . Mr . Ohi requested that the Board of Adjustment option . be made a part of the motion . It was decided that it would not - be necessary as he had that right anyway. VOTE: A vote of "Aye" by Anderson , Watson , Nix , Heitman . and Rothe . Motion carried . - - SUBJECT: Salary Survey DISCUSSION : Mr . Ohi submitted a list of salaries of the Planning Office with comparable salaries across the counties-. Took into consideration what education , experience , etc . was necessary to . qualify for the different job classifications . „ Mr. Nix .suggested there - be' a way .to- rate the performance of each employee . Need - a brief _job description of each employee . SUBJECT: Comprehensive Plan j DISCUSSION :' Mr. Anderson stated that the Commission 'members - would 1. be getting -together and discussing this again and . would -let Mr. Lorenson- know of their decisions . s _. Meeting adjourned . Respectfully submitted , .:: L� • #darg. _ L - nda_. Jose/ ecretary e,., - APPLICANT: George- F . Kern & Co . CASE NUMBER:_', SUP '203, f ; RESOLUTION : By the Board of County :Commissioners to deny- expansion of existing cattle feedlot operation , - Dated 6/20/73 4kr Y • - - . - _ ', ref - i{ t :: 912 I CASE NUMBER: SUP #203 : 73 : 18 ZONING USE CONDITION • 1 . AREA REQUESTING CHANGE: . A Agriculture 2. ADJACENT AREA T0 : NORTH A " • . SOUTH • ' A• " • EAST . • A . " WEST ' _ A 3. None ,EXISTING. NONCONFORMING USES AS ZONED • 4. • None • NONCONFORMING .USES IF REZONED AS REQUESTED 5. • None NONCONFORMING USES AND STRUCTURES TO- BE REMOVED AS SHOWN ON PLANS FOR PROPOSED _ DEVELOPMENT . 6. REZONING CONFORMS_ TO THE COMPREHENSIVE PLAN YES _ NO X 7. HAVE OWNERS OF ADJACENT PROPERTY BEEN cOpsuLTEp REGARDING THIS? YES NO 8. DISTANCE AND DIRECTION FROM NEAREST COMMUNITY : . Windsor 1 /2 miles southeast 9. COMMUNITIES ACTION ON REQUEST: Denied , 10. WITHIN ONE-HALF MILE OF_ SUBJECT THERE ARE all SQ- FT., OR ACRES OF A ZONING: OR ACRES NOT BEING UTILIZED AS ZONED. 11 . TYPE OF OPERATION: Feedlot expansion 12. TREATMENT AND DISPOSAL . OF DRAINAGE : held in lagoon • 13. STREAM OR WATER BODY RECEIVING DRAINAGE (NAME , DISTANCE , AND DIRECTION) : Bibe • 14. AGRICULTURAL LAND CLASSIFICATION : 15. PREVIOUS CASES : , PLANNING - -COMMISSIONERS. NUMBER: - REQUEST: ACTION: 16. HEALTH DEPARTMENT ACTION: Disapproval - .too close to Windsor 17. SOILS REPORT: • see report 18. COMMENTS : • - CASE NUMBER: SUP #203 :73 : 18 LOCATION : N; NEQ Sec 17 T6 R67 • • REQUEST: Feedlot expansion NAME : -Geo . F. Kern Co . • 19 . THE WELD COUNTY PLANNING COMMISSION STAFF RECOMMENDS THAT THIS REQUEST BE denied • FOR THE FOLLOWING REASONS : 1 , Although the site is physically capable of the proposed ' use , the . Comprehensive Plan of Windsor proposes residential ` development at •this location 2.. The Planning Commission has: .officially adopted the plan. for land use purposes . 3 . Proposed use is located approximately 1 /2! milecYrom W'indsbr and would cause odor problems . 4 . Recommended for denial by the Health Dept. (see letter) 5 . Recommended fer .denial by-the Town of. Windsor. •• 20 . PLANNING COMMISSION ACTION: . PLANNING COMMISSION MINUTES : - DATE : 21 . COUNTY COMMISSIONERS' -ACTION !" COUNTY -COMMISSIONERS' MINUTES: DATE: _ - 1 22. DATE: STAFF: • • ' .. - July 3 , 1973 • - George F. Kern & Co. P:O. Box 220 , - , . - Windsor,' Colorado Dear Sir: . ' The Special Use Permit X3 :73 . Fee t expansion ., on the property located on a North if (N?s) o£ the Northeast 'Quarter (NEk.:) exi pting str i of land 29 feet wide off 'south side and al_ that part u l?zing. north of . ' right of way of the C. ..rad. Souther railway Co. , all , in Section 17 , Townshi No ' D_ - e 67 West of the " 6th P.M. , also South IIa. - (S1/2) • le Southwest Ouarter (SI41) of Section 8 , To 6 North, -Range 67 West of :the , " 6th P.M. , Weld Count, Colo -. lo. , . The Special U Permi' s such is not .included under ' , . the juri diction of . e o rd o£ Adjustment. " ' Robert C. Adams r- ,oning Inspector RCA:ds . j / . , as /' OFFICE OF BOARD OF COUNTY COMMISSIONERS I%, PHONE(303) 353-2212 EXT.221,222.8.223 4„ P.O.BOX 758 k' GREELEY,COLORADO 80631 6 ' ` lb -- • is ... Ti." •. COLORADO • May 29, 1973 George F. Kern & Company P.O. Box 220 . Windsor, Colorado Dear Sir: Your land use hearing scheduled for May 29, 1973 was , continued to June 4, 1973 at 10:00 A.M. _ Sincerely, . " . /� � >4d �52//�i/�/ - Glenn K. Billings !� Chairman _ _ The Board_o County Commissioners RECEIPT FOR CERTIFIED MAIL-304! (plus postage) _ SENT 0 POSTMARK I I , �, _ � Pn 1+ OR DATE - . ST F �, /3�-Of ,Qa.'CAL _ CO' ' P.O.,`.,,S,TATE AND ZI/JP eAA SC(ODDrEE �Q. �� C}7 OPTION SER ICES fl AOOITION0.L FEE SENDER: Be sure to follow instructions on other side 1. Shows to wham and date delivere: neon00 i With delivery to addressee on' Sl AI L LtL�, of is , (�- 2. Shows to whom,date and when dr N ,�,ERV CE(S) INDICATED BY CHECKED BLOCK(S) .SERVICES With delivery to addressee oni COUNTY OF WELD (Addi[fianal ;herpes required for these services) DELIVER TO ADDRESSEE ONLY Filed with t(selof AttaiggArd Yd l—1 Deliver ONLY O SPECIAL DELIVERY (extra foe required , of County o npiglyreedelivered I I to addressee ',T PS Form NO INSURANCE COVERAGE P JUN 1 } � ,Ayr. 1971 38f10 NOT FOR INTERNATIONAL, RECEIPT ��-+ Wiled the wumhered article described below i ' __ REGI S-Korlais ,..ay SIGf ATURE OR NAME OF ADDRESSEE(Must always be filled in) I . COUNTY ri FRY IRO RFFOROFR ',E ByC RTIFIED N D`pis,., 1 ( 6 0,. .SIGNATURE OF ADDRESSEE'S AGENT, IF ANY L INSURED N . /A)2, �y • i .. Orly, /e/.1./14;1_, E/ „ _ I DATE DELIVERED SHOW WHERE DELIVERS (Only if r nested,and include ZIP Code) } ee= /2��24t1 i (S_31% 2 3 © 61_3ii � I deco . / _ t� C�0 ,0.� �k� �l } ~ / II ir . - . ,_,._ OFFICE OF BOARD OF COUNTY COMMISSIONERS _1 - - _-- - -- - - ---- - PHONE(303)353-2212 EXT.221,222&223 P.O. BOX 758 GREELEY,COLORADO 80631 wiiC. COLORADO April 6, 1973 George F. Kern & Company P.O. Box 220 Windsor, Colorado 80550 Dear Sire Your request for site approval of Feedlot Expansion on a tract of land located in the N2 of the NE4 excepting strip of land 29 feet wide off south side' and all that part of the NW4 lying north of right-of-way of the Colorado Southern Railway Company, all in Section 17, Township 6 North, Range 67 West of the 6th P.M. , also Si of the Si-- of the SW4 of Section 8, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, has been recommended unfavorably to the Board of County Commissioners by the Weld County Planning Commission. If you wish to be heard by the Board of County Commissioners it will be necessary .for you to indicate your request to be heard and pay for the "Notice" to be advertised in the official county paper by signing this letter in the place pro- vided below. If no answer -is received by April 25, 1973 we will consider this case closed. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • / e e- �� Glenn K. Billings Chairman of the Board I wish to have a hearing on this matter with the Board of County Commissioners and will pay for the advertising as noted above. George F. Kern & Company ____- -STAY: OF COLORADO )�/ - COUNTY OF WELD • ss. By: �" �2(. "//�/'y rued with the Clerk of the Board ✓ of County Commissioners - APR 10 1373 /Lit.'L./FP WELD COUNTY COMMISSIONERS • HARRY S.ASHLEY COUNTY CLERK AND REEONOER - GLENN K. BILLINGS BY _Deputy ROY MOSER • • III .._. . . . - - -- - ___. RECEIPT FOR CERTIFIED MAIL-30e. (plus postage) SEN ( POSTMARK :� �, O . OR DATE STREA AND . t O0 IN-- WEE TE AND ZIP CODE__ �//jWp 8^ SO'\ i • 1� 'DP�w�-SE�IC' FOR ADDITIONAL [ Ci G _7�I RETURN 1. Shows to whom and date delivered With deliver to addressee only 15Z RECEIPT Z, Shows to wham,date and where delivered 350 ' SERVICES With delivery to addressee only 850 DELIVER TO ADDRESSEE ONLY 50d SPECIAL DELIVERY (extra lee required) �i PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (see other side) Apr. 1971 _N0T,{OR INTERNATIONAL MAIL SENDER: Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) I I (Additional charges repaired for these services) I )--) Sho4rtowhom..date and address Deliver ONLY J I where delivered ❑ to addressee RECEIPT r . Received fhe numbered article described below REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE (Must always Willed in) f CERTIFIED N0. 1 r •T•'; E A.:e'ekDR'L V' I t /7p 76.7 _ 2 SIGNATURES Ti•e' 1E769th Y �INSURED N0. FId wi - Qoard. 'rC° Y• rs v. "I i DATE.DELIVERED SHOW WHERE DELI. RED (On c f •!'t7elRr':`� ,.lade ZIA od4) 1 1 C p i ( 1 1, Cs-/�e).Q!t_N\ L'eL BY— Deputy I fCC.- _ _ t • • // GLENN K. BILLINGS, �� :Tl CHArAMAN � ( �i•1�J RT. 2. BOX 197, GREELEY, COLO. �y_q aWADON HAROLD W. ANDERSON, lJ TC CHAIRMAN PRO-TEM .RT. I. 2OHNSTO'NN, COLO. OFFICE OF BURMAN LORENSON THE WELD COUNTY PLANNING COMMISSION COUNTY PLANNER MARSHALL H. ANDERSON, PHONE 1303) 252-2212 - M'cMBER EXT. ]L 29 ANO 29 2412 0TH AVE., GREELEY. COLO. 3/27/73 To Whom It May Concern : Your application for approval of a Feedlot expansion will be reviewed before the Weld County Planning Commission Monday , April 2 , 1972 at 5 :00 P.M. in the County Commissioners office , .Court House Please be present or have a representative present. Sincerely , Burman Lorenson Planning Director Kern RECEIPT FOR CERTIFIED MAIL--30c, (plus postage) • (D„ , ,;SENT TO St.; POSTMARK - N ..r d� OR DATE - Q STREET AND a • r— P.O., STATE ND ZIP CODECO-DEo • 7 ' ' � • OPTIONAL SERVICES FOR ADDITIONAL FEES I ' RETURN 1. Shows to whom and date delivered 150 With delivery to addressee only 650 - r RECEIPT •y, Shows t9 whom,dale and where delivered.. 350 - 1 SERVICES With delivery to addressee only .... 850 • Ir �,- DELIVER TO ADDRESSEE ONLY 500 - © SPECIAL DELIVERY (extra fee required) I Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL 99PO; 1970 0.397 409 SENDER: Be sure to follow instructions on other side 7 PLEASE FURNISH SERVICE(S) INDICATED BY.CHECKED BLOCK(S) (Additional charges required/or these rewir e)DeliVer ONLY t Show to whom,date and address to addresses ❑where delivered P RECEIPT s Received the numbered article described below ( / REGISTERED N0. SIGNRTURE�OR MIME OF ADDRESSEE(Must be filled ln)MITRED HO.72 0,2_4 z SIGNANRE OF ADDRESSEE'S AGENT,IF ANY .Y • 1( INSURED N0. ?A J� " s: - r' DATE DELIVERED SHOW flE0EUVE,iIED Way N`rep fnag&ZIP Code) •:� :1,2_72 t • ,V-211/ z 0_? s• !. _ ! WE L OUNTY COLOADO M M n Forseb�eet:Action To Dare October 5 , 1973 For Info To Your Action Or Reply Is Required G e o r g e F . Kern & C o . On or Before In March , 1973 the George F . Kern Special Use Permit #203 : 73 : 18 was filed in the Planning Commission office for feedlot expansion . The question of whether it was a farm operation or a commercial operation never came up.. The SUP was reviewed by the Planning Commission on April 2 , 1973 ; and by the Board of County Com- missioners on May 29 , 1973, at which time the SUP was denied . On July 13 , 1973 , I checked the Kern Cattle Co . property at Windsor and found the foreman repairing the fence and corrals . He said his instructions were to repair the corrals and put a new fence around the pasture . He also indicated they were going to build a new storage shed . They have since taken out a building permit . On July 3 , 1973 , Bill Kirby , representing George F . Kern Co . , asked if an appeal could be made to. the Board of Adjustment . I checked with the County Attorney and Tom said , "The Special Use Permit as such is not included under the jurisdiction of the Board of Adjustment" . On September 4 , 1973 , Charles Peters , Building Inspector , informed me of his phone conversation with Robert Ausenhus ' secretary con- cerning the possible illegal expansion of the feedlot . On September 6 , 1973 , Jim Kavalec , Building Inspector , visited Kern Feedlot with a camera , but the camera failed to function properly . They had poured a concrete pad in the area of the water tank . On September 13 , 1973 , I visited Kern Feedlot and found pens 150 ' x 400 ' , a feed bunk 400 ' on the west fence line and the water area nearly com- pleted ; also scale pit and scale house . On September 18 , a vio- lation letter was sent regarding feedlot expansion and no building permit for scale pit and scale house . Memo sent to County Com- missioners , County Attorney and Planning Commission to inform them as to the problem . On September 21 , Bill Kirby came in for build- ing permit for scale pit and scale house ( BP #3844 :73 : 618 ) . On September 28 , inspected feedlot and found cattle in existing lots . October 2 , hand delivered letter requesting them to contact the Planning Commission immediately . Letter was signed by Burman Lorenson , Planning Director and Glenn K. Billings , County Com- missioner . They now have approximately 400 to 600 head of cattle in the new lot . The land , as classified by the Assessors ' Office , ,is 162 acres of , irrigated land - 24 acres of grazing . They could raise enough roughage for 1 ,000 to 1 , 200 head of cattle . SUBJECT : Goerge /�n & Co . October 5 , 1973 Page 2 The existing lots would hold 600 to 700 head . The newly completed lots would accommodate 400 to 500 head . This could put the whole operation as a farm use operation . The 162 acres of irrigated crop land averages 20 tons per acre ; this would produce 3 ,240 tons of ensilage . This amount of feed would feed 1 ,200 head of cattle (270 days @ 20 pounds of feed per head per day) . e �� Rdbert C . Adams Zoning Inspector RCA/lj Li WELu COUNTY COLORADO For Action To Planning fommission Dote September 28 . 1973 For Info To Your Action Or Reply Is Required i v subject: Kern ' s Feedlot On Or Before • • September 28 , 1973 ' Inspected Kern ' s Feedlot , located .part of North Half Northeast Quarter (NZ NE4) and Northwest Quarter (NW4) north of right of way of Colorado and Southern Railroad Co . in Section 17 , Town- ship 6 North , Range 67 West . Found cattle in said lot . September 21 , 1973 - Bill Kirby came in for building permit for scale pit and scale house , BP #3844 : 73 : 618 . He was charged a double fee for the permit as the building was built prior to obtaining a building permit . ,A,7 2, ej Robert C . Adams Zoning Inspector RCA/lj I ' I I l I ri 6 \ \ ROBERT AUSENHUS ATTORNEY AT LAW (:)L )112) 203 EAST S?A STREET LOVELAND,COLORADO 80537 • TELEPHONE 667-6668 ?223242524, September 20, 1973 �O�yEr cc, ti4 0 �� U.4.; 1° (40 �� 1016 Mr. Harry Ashley Mr. Roy Moser 4: c/o County Courthouse c/o County Courthouse 9th & 9th 9th & 9th Greeley, Colorado 80631 Greeley, -Colorado 80631 Mr . Glenn Billings c/o County Courthouse 9th & 9th Greeley, Colorado 80631 Gentlemen: I am writing this letter to you gentlemen as the Weld County Commissioners to set forth what I consider to be an unduly slow response by your Planning Commission to take action against an open violation of your County zoning requirements . The facts upon which I base this statement are as follows : 1. Shortly after the commissioners had denied the request of the George F. Kern & Co, petition to enlarge a feedlot, I received a phone call from neighbors in the area stating ,that they were going ahead and installing a feedlot anyway. 2 . I then had my secretary call the Weld County Planning Office on July 24th informing them of this fact and asking them to check it out and I sent a letter on July 25th addressed to Mr. Jim Ohi confirming the phone call setting .forth the fact that George F. Kern & Co. was in the process of constructing a feedlot. Enclosed is a copy of that letter . 3. I then received a letter back dated July 26th from Robert _1 Weld County Commissioners Page Two September 20, 1973 C. Adams , zoning inspector, who stated that he had made an inspection and that they were only repairing fence. This was a strange reply to me since I had flown over the area and it was easy to see that it was not the repairing of fence, but the installation of railroad ties and planking, that there was not an existing fence being repaired, but that a new feedlot was being constructed. This was also verified by neighbors in the area. 4. Because the information from Mr. Adams did not comport with the information that I had been given, as well as what I had seen by an aerial survey, I wrote a letter to Mr. Lorenson dated August 9th, in which I informed him that the information that Mr . Adams gave me was not correct, and asked him if there had beeian on-the-spot inspection or was it just visiting with the foreman and taking his statements at face value. 5. I waited for a reply from Nr. Lorenson and after waiting almost a month with no reply, I had my secretary again call the Weld County Planning office, and my secretaries at that time had been given a Charles Peterson, who informed them that he was not aware of any violation. 6 . I then called the Weld County Planning Commission on September 13th and talked to Mr. Adams again, and at that time, still no inspection had been done . I again told him that there was a feedlot, that there was a concrete feeding bunk along the entire West end of said feedlot, and Mr. Adams assured me that he would go out and inspect the property. 7. I was �ppleased to receive a letter from Mr . Adams dated September ]S, in which he informed me that he had gone out and inspected the property; and had, in fact , found the corral as I •- had informed the Planning Commission in July; also, that he had found the concrete feed bunk with concrete apron and that a letter had been sent to George F. Kern & Co. notifying them of • _z J \-_! Weld County Commissioners Page Three September 20, 1973 this violation. What is distressing to me, is how I had to "ride herd" so hard on your Planning Commission in order to get them to act . It had the appearance to me and to some dE the neighbors that the Planning Commission wanted to look the other way. It is our concern now that vigorous action be taken on this blatant disregard of the zoning restrictions , and that this matter does not languish again with the George F. Kern & Co. bringing in cattle and doing business as normal. I realize that there is much activity in your County, but I do not feel that there should have to be so much correspondence and so much follow-up for an obvious violation to be acted upon. Y(7r ery trul , /iC , ��Li vim/ x bert Ausenhus RA:gs cc : Mr. Lorenson i _ . rr For Action To Dale September 18 , 1973 - For Info ToYour Action Or Reply Is Required Subject: On Or Before The newly constructed feedlots at the George F. Kern and Company Feedlot located as part of the NZ NEa & NW4 North of the r/w of Colo- rado -and Southern Railroad Company in Section 17 .Township. 6' Range 67W are nearing completion . New lots are approximately 400 x 200 ' and would hold from 40A to 600 head of cattle . Also there is no building permit for the new scales and scale house . Violation letter sent September 18 , 1973 . cc: County Attorney Planning Commission County Commissioners • • • • _ - !. • -•. .. • .. - z . N ROBERT AUSENHUS ATTORNEY AT LAW 203 EAST 5124 STREET LOVELAND,COLORADO 80537 TELEPHONE 667-6668 August 9 , 1973 Burman Lorenson, Planner Office of the Planning Commission Weld County County Services Building Greeley, Colorado 80631 Re : Kern Cattle Company Dear Mr. Lorenson: On July 26th, I received a letter from Robert C. Adams , stating that the Kern Cattle Company was not putting in another feedlot. Enclosed is a copy of tht letter for reference purposes . Since receiving that letter, I have checked with some of the neighbors and they inform ;me that this is not accurate information. The area in which the new construction is taking place had a much smaller feedlot. Also , it is certainly not repairing old worn out fenoe. Railroad ties and the plank fence that they are putting up in no way resembles the existing fence in the area. I have also flown over the area and it certainly does not appear that it is the repairing of any existing fence , but i3 the creation of a new feedlot. I am wondering if there has really been a personal on the site investigation, or if there has just been a casual visit with the foreman, with the Planning Office Personel taking those statements at face value . Thus , I would appreciate knowing if there has been an on site inspection, if there has been an on site inspection, was there an existing feed lot where the new fence is constructed? Thank you very much for your attention tnthi.s request. �O•\\1213141� � Y• • v_ tr 1 , GIg73 \,„. ' o.er : Ause s RA: js co RECEiV o Enclosure � PkyCnW ED Plannin8 Ca ty Vv �unisswn �``00�5ZSZ L29ti�'tio =t .yy�s�, J a il 7. „'yC ry ^ .. iFICE OF THE PLANNING COMMISSION cl=N � BURMAN LORENSO PLANNER PHONE(303)363UNT EXT. ES UI &229 ING i r COUNTY SERVICES BUILDING GREELEY.COLORADO 80631 ® • COLORADO ' July 26 , 1973, Robert Ausenhus _ __ 203 East 5th St. Loveland , Colorado 80537 Dear Mr. Ausenhus : On July 13 , 1973 I checked the Kern Cattle Company property at Windsor. I found the foreman there repairing fence and corrals . He said his instructions were to repair the corrals and to put a new fence around the pasture . He ' also indicated they were going to put in a new storage shed . They have since taken out a building -permit. They are within their rights .to repair existing facilities and to fence their pasture . We have airphoto ' s as well as a plot plan of the existing facilities . The uses indicated to me complyFto the zoning "A" Agricultural , of the area . If we can be of further service please do not hesitate to contact us . - - - - Sincerely, - -- - gdeilc .v� . Robert C . Adams . Zoning Inspector _ 9rv. . ( 1%,(A%11 - Pa, 4e,lafiti- GiLVa-4._Q. - -k..,v1A-0-4%, , ZC0 - nz, - WELD COUNTY COMMISSIONERS i HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER ROBERT AUSENHUS ATTORNEY AT LAW 203 EAST SL STREET LOVELAN D,COLORADO 60537 411-2 � . it< 28 ,93P 0 TELEPHONE 667-6666 ^V�� h• ,/44 1 July 25, 1973 tiC7 ��9�3 �L !Ge". cs f i'v 1`N EG o ` o wt;C U�C`55`� cP 0 e" ,�<a6VI NCO The Weld County Planning Commission <70.,c� pro; Weld County Court House 51b!£lZ�� Greeley, Colorado 80631 Attn: Mr. Jim Ohi Dear Mr. Ohi: This letter is to confirm the fact that my secretary called your office on July 25, 1973, and informed you that she was calling on my behalf, and further informed you that I understood that the Weld County Planning Office had received inquiries regarding the fact that after the Weld County Commissioners denied the request of Kern & Company for a permit to increase their feeding yards North of Windsor, the Company had gone ahead and installed a corral that is estimated to be about 100 yards by 100 yards in size, and also put in a concrete slab. That your response was that you were not aware of these facts. My secretary also asked if anyone from the Planning Office has gone out to measure the extent of the increase of these corrals, also if the Planning Office has measured what the extent was of the prior feeding facilities. That you were going to check to see if anyone from the Planning Office had measured the extent of increase of newly constructed corrals, and further check to see for what purpose the corrals had been constructed, and also that you were going to let us know whether or not the Planning Office had measured the extent of the prior feeding facilities . I am writing this letter as a property owner whose land adjoins that of the Kern Cattle Company, and also on behalf of some of the neighbors. We are naturally concerned that as soon as Kern & Co. had their request to increase their feeding facilities denied, this new construction took place. w J The Weld County Planning Commission - 2 - July 25, 1973 It is my understand that the neighbors had contacted your office immediately regarding this, and I am concerned that your office seems to be in the dark about this, following such notification. I would appreciate receiving your written report on what, if any, investigation your office has made of this newly constructed feed lot; for what purpose it was constructed; and what, if anything, your Department is going to do about this newly created facility. Your e truly, (1g-j 011-1aL R ert Ausenhus RA=Jg U • ` ' NOTICE Pursuant to the zoning laws of-the-State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text-rand maps so certified by the Weld.County Planning Commission may be examined in .the Office of The Board of Couhty Commissioners, Weld County Court House, Greeley, Colorado. • • • Docket No. 29 George F. Kern 8 Company P.O. Box 220 Windsor, Colorado 80550 • _\ • Date: May 29, 1973 _ Time: 10:20 A.M. . Request: Land Use Permit - Feedlot Expansion • North Half (Ni) of the Northeast Quarter (NEB excepting strip of land 29 feet wide off-:south side and all that part NW-t- lying north of right of way of the Colorado Southern Railway Co., all • in Section 17, Township 6 North,Range 67 West of the 6th P.M. , also South Half (Si-) of the Southwest Quarter (SW4) of Section 8, Township 6 North, Range 67 West of the 6th P.M. , Weld County, ' Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: April 25, 1973 Published: 4pri1 27 and May 18 - 1973 • • MWSMIZ h770¢�d O 6L Fl ro'J a co L '.-----r"----1 e . 1a 1E - Doled: April 25,1973_ 1'uof('ot too 1zoning laws of the ' 1 __State of�'olorado ._Public hearing will Published; April 2'✓:md Mayv8, 1973. be held 4n the Office of The Board of County Commissioners of Weld County, Published to The Greeley 7o- Colored/ Weld County Court House, urnal Greeley,Colorado,at n e time r interested i. All persona in any manner Interested 1n NOTICE the Land Use Permit are requested.to attend and may be heard. pursuant to the zoning laws:of the BE IT ALSO KNOWN that the text State of Colorado, zoning hearing will and maps so certified by the Weld County St held o the o, a publicice The Board of County Commissioners of Weld County, Planning five of elov may d examined Canty Colorado, Weld County Weld County, to the sione o[ The Hoard County County Greeley,Colorado,at County Court House, o se, Commissioners, Weld County Court All persons in any manner interested is House,Greeley,Docket No.Colorado. the Land Use Permit are requested DocketNa.2B attend and may be heard. George F.Kern&Company BE IT ALSO KNOWN that the text P.O.Box 220• and maps so certified bq Ne W eld County Planning Windsor,Colorado 80550 nning Commission may be examined inthe Weld of The eCounty ard of Court Date: h10: 29,A.M. House,Greeley,,Colorado. l . Time: 10:20 M. Docket No.29 Request: Land Use Permit - Feedlot George F.Kern&Company Expansion P.O.Box 220 ' North half xce of the Northeast Windsor,Colorado 80550 Quarter (NEX) excepting strip o[land Date: May 29,1873 29 feet wide off south side and all that part NWX lying north of right of way of Time: 10:20 A.M. the Colorado Southern Railway Co: all in - Section 17, Township 6 North,Cot, Request: Land Use Permit - Feedlot 67 West of So 6th P.M.,also South) of Expansion SS) of the southwest Quarter (sang) of Section 9, Township 6 North, Range 87 North Half. (NS) of the Northeast West s: the 6N P.M., Weld County, Quarter (NEB) excepting strip of land Colorado. 2B [set wide off south side and all that THE BOARD MI COUNTY part Nang lying north of right of way of the Colorado Southern Railway Cd. allm COMMISSTONERS ; Section 17, TowmshiP 6 North, flange WELD COUNTY, COLORADO 167 West of the 6th P.M.,also South HaH BY: ANN EPRDER S,) of the Southwest QuarterRange 67 Wes COUNTY CLERK AND RECORDER I t s 8,Townhip Wed County, AND CLERK TO'THE BOARD 9 Wcti of the 6s P.M., North, 9 Colorado. 1 Dated:April 25,1873 THE BOARD OF COUNTY COMMISSIONERS Published: April 27 andMay 18, 1973. WEIR COUNTY, COLORADO Published In The Greeley Journal BY: ANN CORDER COllAND CLERK ERK TO T RECORDER BOARD Dated:April 25,1973 Published: April 27 and May 10, 1973. Published In The Greeley Journal a f ,✓r. . „ _ - �.. #rgpII Ep . r5�fr�. `= r Windsor, Colo. 80550 ', Ma 1973 Board of County Commissioners - ccounting Office • Weld County to counting rtiI PO Box 758- -i • Gree]e j,---Colo. 80681 I • *>N ' �=-.- ,at e / x Ait II�} C. Wit' r 1�7 •,-, . , 139 lines zoning. notice e Nay 8 07 s 23 line less 10% - _ >. - . - YI�T i Y - �i f - Y2-;-7. ^Pursuani to zoning laws of CE •`, -' - `, the State of Colorado, a public • -. �1 hearing will be held in the Office - �` of The Board of County Colo- ;t 1 _ �"..`=- missioners of Weld County, - _ rado, Weld County Court House, � ', ,-7.----;..42.-.;� ' Greeley, Colorado, at the time - l_ �' -fi specified. Allpersonsinanyman- �n the Land Use 4 i • , Permitearete interested to attend - i ' - - Y . , - z2.1-43.11.,I and may be heard. l BE IT ALSO KNOWN that the - _ _ - _ -- .� text and maps so certified by the i - _!�_ ___, _ -� Weld County Planning Commis- -----------" r 1 skin" may be examined in the � h k.. �, ,e"A,-T �, ;., ,g-;�. •� �� - a ':.� 'Office of The Board of County a i a 1'" ra, s { 5 » m•p� 1mm�' - Cay. , (�Omfm ;amm�.tm mm'd Commfssione;s, Weld County int'-'-'1--6-7? �-w -r`4 ..e � %.jDO'usy-°s�o.-.E,--a, a. ..VO.0 gm ti c -° Court Hour -c w •� � -m m o n-- a ltd , m•- m n- m.s _ -j orge .Kern&ComPunY ".;b�-}, �� a.`4_fm;ma44. � m----aim,=°m��7 m62gma .. Mg /*,.n -1�S._� ` etif:l: ✓y'm o m 9 040 0,a Fm,0'-to. _� Windsor, Colorado 80550 �m nn rr.v. o4 c 2 0.0 o,"'�.0'B>m m m isgp.—m.m-o» : Docket a 29 . '..S 0 ��11. N � hymn o�z1 rs .-r�o-Kml]Oz �m0= O m omN ,.m of v'mm .mib p' Date: [via:29 A,A.M. t O{rIIlo o7"tio'm ry�omg• - - Time: 10:20 M. - m r� ,<gl Ooe,,z-ia °y�,,. nm_,ta�m c xo'g.0,,�o o,4a�-yo'N� - Re9uesC Land Use Permit '- };,:-..0.--: wo 0,�Cog„eql e.t4 c� xm ...o mxx _ Feedlot Expansion. Ap- ,� 2 g m» f) o - -proximately 1 mile ( Im e?y�.^�0 o»m:t„yi,m , � 0a5 ,,,.a »0Q ¢.m5m6o§eE0 E. . Northwest of Windsor, ).„:174I-I %It 1 OAI.-1-#1._;•-g -- ('-i-vOPp .ro m x .r-4 .Fi Fj ..... w • Colorado. " . o 5=OM m. Ao.»af]m o F� .e`�m m m " THE BOARD OF COUNTY i.Rtnr>cnrwn "c, o� i. .,6glo 5fln-u em -w a.< o on522 E . - � - COMMISSIONERS il..„DIM 0000 s °B i o,4-am O ott 0�»...,0-:-‘405gm Ce.RQm - !I WELD COUNTY,COLORADO tD t7C�J] �7 CxH off°-> �• C`�,ci -'='m a m. �r BY: ANN SPOMER d O 1 to�'� ps"9» � o o,,e •e•e m m TE :, O A- ss COUNTY CLERK AND RE- '''s .m CLERK TO ' '' e " _ COUNN,.O�WELD CORDER ANLTHE BOARD - _ _ tf� Y i�,`., '�' " POed with ine CIerR of 4he 9oard Published in the Windsor Bea- - _ 'i_ t of County ConiCier o^P.s _ . : _ con May 17,:1973. _ -- - - — • - JUN 5.- .. 97,3 .- y � nN , .. _`t- _ -:-.. ' , . - IrtICERRR WDnRGeRDE. to - Depaty - `t, � , . �r .. 6 '7 - ,ice i-9 ,t_ . -, Affidavit of Publication STATE OF COLORADO, ) )ss. County of Weld, 1 Richard L, Tatman I._.-"""-_ -----"--- of said County of Weld, being duly sworn, say that I am one of the publishers of THE GREELEY JOURNAL • that the same is a weekly newspaper of general cir- - culation, published in the city of Greeley, in said county and state, that the notice or advertisement, • of which the annexed is a true copy, has been pub- tWO NOTICE 77 fished in said weekly newspaper for etinxecatire weeks; that the notice was published in Pursuant to.the zoning laws of the the regular and entire issue of every number of said (State of Galorado,"a.public hearing will newspaper during the period of time of publication be held in the Office of The Board=of of said notice, and in the newspaper proper and not County Commissioners of Weld County, in a supplement thereof;that the first publication of Colorado, Weld County Court House, said notice was contained in the issue of said news- Greeley,Colorado,at thetime specified. All persons in any manner interested in �7. the Land Use Permit are requested to I attend and may be heard, paper bearing date the— --------day of BE IT ALSO KNOWN that the text and maps so certified by.the Weld County April 73 Planning Commission may be examined -----------,A.D. 19---; and in the Office of The,Board of County the last publication thereof in the issue of said Commissioners,;NV eld County Court Vth House,Greeley,Colorado. V Docket No.29• newspaper bearing date the day of , George F:`Keru&Company ,P.O.Box,22o t, ' May 73 Windsor Colorado 8055 _—, 19------; that the said Date: May 29,1979. The Greeley Journal has been published continu- ously and uninterruptedly during the period of at Time: 10:20 A.M least fifty-two consecutive weeks next prior to the first issue thereof containing said notice or adver- Request:land 'Use Permit - Feedlot tisement above referred to; that said newspaper has • Expansion been admi -• • •. United States mails as second- . North' Halt (14)" of the Northeast cla atter under t a . •visions of the Act of Quarter (NEX) excepting strip of land ,arch 3, 1879, or any amen. -nt thereof,and that 29 feet wide off south aide and all that said newspaper is a weekly ne ,paper dul ualified part NWX lying,north of right of way of for publishing legalnotices . f adverti m nts it the Colorado Southern Aallwayh, ange i the me=ning ,- of the Sta C Section 17, Township fi North, )tango 67 West of.the 6th P.M.,Q also South Half neX Se of the Southwest Quarter (bang) of Section 8, Township fi North Range 67 --- West of the 6th P.M., Weld County, One of th Colorado. THE!BOARD OF COUNTY COMMISSIONERS Subscribed and sworn to before me this--------- WELD COUNTY, COLORADO ��i ''BY: ANN SPOMER COUNTY:CLERK AND RECORDER • day of ----- A.D. 19.--- AND CLERK TO THE BOARD IDated:'April 25,1973 '—" `- -------------- -- `Published:.April 27 and.May 1.3 1973, My commission expires Published___ a Greeley Journal -- Notary Public. I` - 1 1 NAME Geo. F. Kern & Co. FEE -_ I SUP # 203:73:18 i TYPE OF SPECIAL USE Feedlot expansion ti I . BY DATE . APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED ,� {,,_ .DC 3/5/ 3 ' LEGAL DESCRIPTION CHECKES BY CO. ATTORNEY (( r •) 30/73 AIRPHOTO . /- ‘''' I VICINITY MAP PREPARED ��fi I .. I SURROUNDING OWNER' S NAMES y+',,.__-- t/ 1PLANNING COMMISSION HEARING DAT-- SET a---- 4 " 7� �aiRion OTHER AGENCIES NOTIFIEp DC 3/5/73 SOILS REPORT - Y ./2/7S___I WATER CONTRACT OR LETTER OF INTENT A.-/./ ,. hi? COPY OF APPLICATION TO COMMISSIONERS • OFFICE FOR PUBLICATION . j COUNTY COMMISSIONERS HEARING DATE SET , I FIELD CHECK SA" giSIT3 , STAFF REPORT • / 1" ��A.R PLANNING COMMISSION HEARING V-�7'3 PLANNING COMMISSION RESOLUTION • 19 a W.V73_ 1 COUNTY ATTORNEY CHECK RESOLUTION & LEGAL • I i NOTIFICATION OF SURROUNDING OWNERS BY . • CERTIFIED MAIL COUNTY COMMISSIONER' S HEARING '. COUNTY COMMISSIONER' S -RESOLUTION t:20�73 PLANNING COMMISSION MINUTES ,]) G 14/23 f i • . ^----•--iPLAUNING COMMISSION DECISION (APPROVED DE IED TABLED) COMMENTS AND ACTION TAKEN (1:9, 67-7-g- _Le 4- Cat" J da . . -z r 1 ��° M�44 1973 �.fl S .-- �z-) � RECEIVED 8 , SPECIAL USE PERMIT APPLICATION ec Weld batty 4 PL^ntirt;Connissinn .-u `. Weld County Planning Commission Services BuiTdinq, c4raeley,.,Zglo . -c ht w; i 1..,‘r FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER :5aY�o3.r li ' / PC HEARING DATE :. ¢ - v.-17=3SEC : TWP to /l/ RANGE : 67,0 CC HEARING DATE: LAND C DE: T: 0807 s : 5T 1 /4 : // KEY : SUB/DIV CODE: SUB: BLK: LOT: KEY : REFER, TO: PERMIT FEE: _ u DATE : APP . CHECKED BY: e/11 i Qre DATE : RECEIPT N0: Pin tie>^ DATE : LEGAL DESC . APPROVAL : 4) - C P E P NT C ORD NC ITH PRO ED GU DE RE-_ QUIREMENTS :. Print or type only, except for necessary signatures . I , (we) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the follow- ing described unincoporated area of Weld County: LEGAL DESCRIPTION: Ni of NE* excepting strip of land 29 feet hide off south side and all that part NA lying•north of right o£ way of the Colo. Southern Railway Co., all in Section 17 Township 6 North Range 67 West of the 6th P.M.; also Si - of Si of the SW. of Section 8 Township 6 North Range 67 West of 6th P.M. . © P i STREET LOCATION : A ahoy yy0 viVircisdri Co% ZONE ftoSSO PROPOSED USED: fe-eC//e,y- /coo_ 7 O Aeae/�.N e."r2"� / _, /800 ...a 42-a" cit•v m-7-.. REASON: \ Pe-eel/at . e.. aJe7.2 5i,e n el )I ti el Ad �,t c_ -elI /ocatier� . - FEE OWNERS OF AREA PROPOS D FOR SPECIAL USE: • Cie-ore e. F, Xe•r,) � Go c a-,d-rY' ?IerAipj NAME: C, W, Hirt�/� ADDRESS: WI-ridsa Co% TEL : dfid-2.3G3 NAME: /sa /, iyie_ /G Herr" ADDRESS: „ - N TEL: 45-y-zo/i NAME: C fro/ kV t-,e r S ADDRESS : 1- i' TEL : //'/, -Lv/6 �/ a;/P",�r, �v �`r—tglee " ;( b� v - G 363 I hereby a o3� sta e u er the penalties of perjury that dl ` - 2-34-3 statements , proposals and/or plans submitted with or contained within. this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) e, i A4.17 ih.,�pay Signature : 00ner or u orized Agent • Subscribed and sworn to before me this ,k.,,e day of ›,-z ---o- 19' 7.9 SEAL NOTARY PUBLIC if �� M Cornm7ss:on ex ti:_My commission expires : Y ParesOoLIl9, 1974 • „ :.,,.. • c 1�r S U p # 203:73:18 itp C % . ft“-/� .5 c Location N41yw Sec 17 T6 R67+ SY2SY2SWya Se Sp Tee? ('n\ . rim. U Agenda date 4/2/03 f� l11066 '6 v?� Date 373 RE : Livestock Feeding Operation Specia;! Use Permit S_ 7 The _Feeding Operation and. Expansion (OIN: i. ) (does not) meet with the requirements for a Special Use Permit and the standards of the Colorado Department of Health , Water Pollution Control Division . The Weld County Environmental Health Services recommends that this request be Inept+ail ) (disapproved) . Remarks : j}ycfr Yours ruly, �w Environmental 7iealth ervices 7.b.detA-eiM Ca We FARMING INSECTICIDES FEEDING SEEDS MILLING FEEDS GEORGE F. KERN AND COMPANY PHONE 686-2321 WINDSOR, COLORADO I'm beginning to feel a little like a broken record as I have already made this request four times. Once to the County Planning Board employees, twice to the Windsor Planning Board and once to the Weld County Planning Board. However, even though I'm sure the Commissioners are familiar with the request from the County Planners view—point, I believe I should try to go through it again. We made plans and agreed to acquire the farm in Section 17- 6- 67, a little over two years ago as we were making plans to phase out and make available for development cattle pens at the Southeast edge of Windsor, with capacity o£ a little over 4000 head. At the time I felt I was being copperative. There was a great deal of complaint that no land was available for develop— ment with access to sewer facilities, etc. We were very close to the State Highway, between Windsor and the Eastman Kodak plant. This was probably bad and certainly presented problems with manure disposal as we had to cross or get on a very busy highway for almost all of this. The farm in Section 17 seemed a very practical solution to our problem. There were corrals in use there for around 700 head of cattle. Water was available both from Greeley water line and North Weld. Adequate irrigation water was available for corral sprinkling to control dust. It was feasable to have a set—back in excess of 600 feet from any highway or county road; a point which the planning commission was stressing quite a lot FARMING FEEDING -s INSECTICIDES SEEDS MILLING FEEDS GEORGE F. KERN AND COMPANY PHONE 686-2321 WINDSOR, COLORADO that year. I note several variancies have been allowed in regard to thir�bo* � We would in addition be able to have a hill between these pens and the highway which would hide them substantially from traffic on the highway. There also is an excellent set up for diverting run off to pasture we own and pumping any additional back on to our own irrigated land. In short, I have complied with the red tape requirements. The location fits all the criteria spelled out:•.in Weld County Flan and Zoning book as revised in 1970, which is still in use. The zoning is A which is correct, etc etc. The only additional requirement is the approval of the County Commissioners, as per said book. I feel that if you turn this down today you are in effect saying that this published plan has no meaning and that fi- the decision is really made upon the D whim o£ the day and local pressure. The request again in review is for expansion of the existing lot to 2500 head capacity from the present 700 head capacity. Further while I have the floor, I would like to make a point about the proposed County Comprehensive plan. I think it is terribly unfair to say to people in effect that you will never be able to live on an acreage in the country unless you already do. On the other hand, I think people who make this choice should make an attempt to understand, accept and educate themselves in regard to the various . FARMING _ / I INSECTICIDES FEEDING SEEDS MILLING FEEDS GEORGE F. KERN AND COMPANY PHONE 666-2321 WINDSOR, COLORADO businesses- agriculture, agribusinesses, retail small and large industries to an extent that they realize that some of the most important and basic producers do have some odor problems at times, but that they probably will be solved in time and that our country even with the very fresh air would be an extremely poor place to live without food, clothing and shelter, power and etc. It is very difficult for me to accept without anger, a statement made by Mr. Hogar) who lives 1 mile north of our proposed feed-lot expansion that our existing feed-lot with 3 or 4000 head in it out smells Monforts 100,000. It is insulting-to both of us. Gentlemen, I don't envy you, your decision here today. I hope you will give it very careful thought. There are more concepts of freedom and what really is for the good of all in the long run than you can imagine. Thank You, r \ l a .,I • • from the office of Greeley, Colorado 73 THE BOARD OF COUNTY COMMISSIONERS y 29 19 MELD COUNTY, COLORADO Windsor Beacon notified by telephone of continuation of George F. Kern's Land Use Permit hearing. Continued to June 4th, 1973. • THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ANN s MEK " tili COUNTY CLERK AND RECORDER ANDCLERK TO THE BOARD By: Deputy County Clerk - ft of .� y�w� 7 , 4 vi+.'. •� r t'vs at r w. fr? "4{yyl�YJsr" .+.w^ ppQ ,... 1� pp (`� ,�F aQe .- .� "te �\ �1 ly! �4y* - \ 171\Yi',w ` l \ 1 ",, 6y0.x ✓ DIY GREELEY CIVIC CENTER GREELEY, COLORADO R0631 March 1, 1973 \\\\\ CITY CITY COUNCIL MAYOR DR. RICHARD A. PERCH LICK George F. Kern & Co. P. O. Box 220 COUNCILMEN Windsor, Colorado 80550 NED CALLAN G I D GATES GEORGE HALL Gentlemen: GIL HAU SE JAM E3 SMITH WAYNE SODMAN The City of Greeley imposes no restrictions on the quantity of water used through your 3/4" tap in CITY MANAGER Section 17, Township 6 N. , Range 67 West in Weld .LACK D. HUFFMAN County, Colorado. WATER AND SEWER Yours very truly, A�O. L. Shaffer, ir31 ector Water & Sewer Department OLS :ha Trustees: C bb (If) Fred Casten Roland Mazgheim 'r®\{\/A 1 OF W`N® O HeL-nut Hettinger .. Floyd Meis 1 v r 1 tl Duane McDonald JOHN C. FERCH, Mayor Sam Schauerman - P.O. Box 627 Alvin Schlothauer. Windsor, Colo. 80550 K-91/11-1- . �n is 41,6-- -l�s>� . fr 'A n :•".. ��?'�4 March 27, 1973 F F\O J Weld County Planning Commission .c,o€2, t..., 4 - Weld County Services Building '.i' ` ti y' Greeley, Colorado 80631 _ Gentlemen: ---:. . . The Windsor Planning Commission at a special meeting held on - March 22, 1973, voted to recommend to the Weld County Planning - Commission that the .roposed feedlot relocation and expansion by the George F .ern Company not be allowed. The area proposed . for the feedlot .anion lies within an area designated for single family residential use in the Windsor Comprehensive Plan. . Such an intensive agricultural use within three-fourths of a • mile frbm the town limits of Windsor can only result in land use conflicts that should be precluded if. at all possible. The Windsor Planning Commission realizes that feedlots are vital - to the economy of'Weld County, however, the planned growth and development o£ its municipalities are just as essential to the welfare of the County as a whole. Therefore, the Windsor Planning • Commission recommends that the proposed feedlot expansion not be allowed. - , . — . . - Sincerely, - - r-• '�J Q Eli u�z� 6.Lli„..n., ,. - , ,, .„. „.. P-4. J aanne Brunner . Secretary' • 1 . • NOTICE Pursuant to the zoning laws- of the State of Colorado, a public bearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court. House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. 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 Board of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No.. 29 George F. Kern & Company 1.%3 SZ6ZW ndsor, Collorado 80550 10��d X7 o y O) a� 4m n n Date: May 29, 1973 o [?1 � m ti l mcu Time: 10:20 A.M. �`n o'er p `� c • Request: Land Use Permit - Feed I uzon _ North Half (Ni) of the Northeast Quarter (NE4) excepting strip of land 29 feet wide off-south side and all that part NWi- lying L. north of right of way of the Colorado Southern Railway Co., all in Section 17, Township 6 North,Range 67 West of the 6th P.M. , • also South Half (SZ) of the Southwest Quarter (SW-D of Section 8, Township 6 North, Range 67 West of the 6th P.M. , Weld County, • • Colorado. , THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • • BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: April 25, 1973 Published: April 27 and May 18 • 1973 ' _ D A. ‘As cm(u3 M ,,,e75/4 739 May 29, 1973 a, I hereby certify that pursuant to a notice dated April 28, 1973, duly published April 27 and May 18, 1973, a public hearing was had on a request for a Land Use Permit as requested by George F. Kern & Company at the time and place specified in said notice. Said hearing was continued to June 4, 1973.at 10:00 ;WM. M �j �• ATTEST: arw✓,-li ` COUNTY CLERK RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - - .. 9 FARMINGilli elli INSECTICIDES FEEDING SEEDS MILLING - f V- FEEDS GEORGE F. KERN AND COMPANY PHONE 686-2321 '°, - WINDSOR, COLORADO W I *ter Fa•aes and addresses of landowners bordering farm ct. whicl. feedlot expansion is requested. --� z -sY.- $'.4y Assessors No. tit r 2333 • Colette Farms Inc., Rt. 1 Box 127, Windsor,Cplo. 80550 23331 Henry H, Lrunner, P.O. Pox 217, Windsor, Colo. 80550 5h4.. y 23329 ilex J. and Anna Martin, P.O. Pox 127, Windsor, Colo. 80550 ti . ' -4,41- 231.69 rl.arles F, and Yinnie L. Lengel, Rt. 1 Box 192,Windsor,Colo. 80550 23,7P A John and Eelen Kelly, P.O. Box 907, Windsor, Colo. 80550 4^. 23/78 B Elmer L. and Jarct Elaine Lind, Rt. 1 'ox 122 A, Windsor,Colo. 80550 ▪ s. 23478 C Ernest and Janet It. Hamburger, 777 Ivanhoe, Denver, Colo. 80220 2347E D John and helen Kelly, P.O. Sox 90"r, Windsor, Colo. 80550 h, •�" 234%9 Manuel Pineda, c/o Tom Netcal =, Box 608, Ft. Collins, Colo. 80521 s - ,41.: ?At ' `• 23, 79 C robert A. Ausenhus, 203 E. 5th St. Loveland, Colo. 80537 4�{v"_' 23383 Carl F. and Dorothy Ereniman, Rt. 1 Box 122, Windsor, Colo. 80550 • g 1,'S. h T Fs•. Y .t r��vi,3. y��y�?,tt=nil'.'_3•. -F'� `3P! $ - 1 .?' 2.�ll�� P, t` y_#':r tv w n Ni#e =c01:4,:'_ `k ` AGENDA, .. .-_TE 4/2/73 AME Geo. F. Kern Co ADDRESS B. 0. Box 220, Windsor LOCATION ' 1% miles northwest of Windsor LEGAL DESCRIPTION Ny2NEIA + NWIASec 17 T6 R67 + SyaSy2SWj, Sec 8 T6 R67 YPE OPERATION Feedlot expansion COMMENTS:. trAz >�O1._�Z,,//��/ 1� 4�.e,1�� .1 l� �� , .r_..2. 1 Ad-e07--9-2-*-0-/. ‘ --/ / e�7 Me re��/A IA e- A� � .mow/ � ,� . /�� 02, p o0 &,,,&&/ / ,//2�/ da/�r.�c� .ice ,:a- `.fie_/ �� , , r-L 2 2 tan • . • . /74-2-1—T WELD COUNTY EXTENSION SERVICE Geo . F. Kern Company SUP #203 - Surrounding property owners : Alex Jr. & Anna Martin Henry & Lyolia Heinze , ' Windsor , Colo . Rt. 1 , Box 191 • Windsor , Colo Jake Jr. & Tellie Brunner, etal Box, 217 re: Windsor , . Colo, Colette Farms , Inc . r`�T`•. ( �" Rt: 1 , Box 127 � � I � ��" � /'�r O w Windsor, Colo . . teibN�(�� •W 8 Carl F. & Dorothy Breniman • - Rt. ,1 , Box 122 Windsor, Colo . r Ernest `& Janet Hamburger 777 Ivanhoe ; Denver, Colo . 80220 Elmer & Janet Lind -Rt. 1 , Box 122A Windsor, Colo . John & Helen Kelly P . O . Box 907 Windsor , Colo . `. • Chas . & Minnie Lengel - Rt.• 1 , Box 192 Windsor, Colo,. " Robert A. Ausentius 203 E. 5th St. Loveland , Colo . 80537 Manuel -Pineda ` Julian. Pineda c/o Tom Metcalf • Box 608 • Ft, Collins, Colo . • _ Charles Kirby as Trustee P : O . Box 784 Windsor , Colo . - - -- - - - - - - --- - - -- - --- -- --- � -=- -- -- - el I- -,-------- -- 47-2-12,-- ,F7_///7/7e7.__L7 a te. -. --,'--A i , cc-E_ . 0.7, ?er — //44---)r/--77 -,4-fr . I. 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I - - - , . - . - - - - - .,_ _--_-4.7_1 _ _ _ _ __ - - ------- - - - -_s iz- -v_ b---r - ;- - - -- _ , c---7_-- - - — - - --- - - 4.- /-D/ c?__ _/,' - - - -- 2/-C-- _ _____ _________ _ .,&,6thi--. _--61 . _ _ _ __ &22_ . 6dd/7_/..__ _ _ - - -- -= --� �//t�-- /' - - - - __/±.<.-,Kneeela -- - -_ -- - - - _ _ __ _ idi-68~-1-- - I _ - - -- i -- - - -- - - - - ___62_ ___/7/ _ 67-44 ; T ,44 b - - --- - - - ice -- - - -- - - -- --- -- - - - - ------- - - -- --- _ __ . _ _ _ _ _ _ _ - al)-1 . - -- -- ----- - - - - --- _-_?_-_/7 --- t % /Z_ - - � - - - - - - -- - ! 1 — —w_s? ii/- 7-%.,e__ '// , i _ _ — - 00�� 2l �G -- 1A — -- - --- ---- - - - - / � -- _ _ . li • . • UNITED STATES DE ARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 2017 9th Street, Greeley, CO 80631 SUBJECT: Soil Evaluation I p ;•-, DATE: 2/28/73 Feedlot Development • ' , ell°� 4 George F. Kern & Co. v' P.O. BOX 220 ,`•; y-- �s' � Windsor, CO 80550 a - Q �' en of w�4:•., • r -) et, t> O, o lc,0 1'cZ �Fto - This- is in reply to your request for a soil evaluation for the NkNE3 Sec. 17, T6N, R67W, Weld County, Colorado. Evaluation is to determine suitability of the land for a feedlot expansion. The soils in this area are for the most part deep, well drained, moderately coarse textured. The area directly south of the existing and proposed feedlot is a wet, poorly drained natural depression with a lagoon or pond at the lower end. Drainage from the feedlot is into this pond which, in turn, drains into the Greeley Canal #2 which cuts across the south ed////(g��e of the weet' area. The area is not subject to flooding. JJames -A. Crabb Soil Scientist cc: Weld County Planning Dept. David N. Sudduth �� G (s T Fa iv n I D. •. j F D. it c ;�/- �a �a� - — - 1 (1 —: —.�._ _�.-- -- 1 NJ v �, • } U` � l - _-_.___ - - -- -__ o N. i . C.. .. .s. n `yam; i > j q - .. Z .i �. �). \J o i O `a- �- tel C 1 •\ �r � . � a (c - t - C . I I ) 1 -... ril -4�i 4 - V Y r IS. I •a a' r • c‘ tl 0 l c Q. %I ,'_ _ 'o. II / L 4 1 N �' i • II° a (^Z„ V1 q• 1 . i. n z p `' V•C.. S, •; n t.-1 1 rp 1 . ca4 r J � P�_ t••••• v / cr,\ V f� GN o r . j S. `-$ N.V, c. \� v �� V N IN 11 \ (_- - N °. ,; IN ._ v r A . i . Ti N, rw ) c •N a. a t `i e, • y. ri` 1 "t ' ;:11‘) \'SJ i s - I � �r '� �1 '" , � . . : r Y v. . it _: C I_, D - �'. i J AC C •4 v qtr'"if „ .. - ., r . COLORADO DEPARTMENT G :ALTH '.Mater Pollution Control Division 4210 East .1)th Avenue • Denver, Colorado 80220 Wastes I nventory DATE: Pei J-6 , /77 Livestock Feeding Operations COUNTY: r./ell? _ Company Name E Address G dOr e_ a- C-0• � v . g ax r Z-lJ iffj n.1; Od" Cola?. 0_�.:?� . Type of Operation: Feedlot '.X Dairy Farm Other Stockyard Hog Farm - Average Stock Population (Give daily and .monthly changes if any) 9_000 Total Stock Pen Area and Capacity � f t7 a Are Stock Pens Paved? //O Method and Frequency of Disposal of Manure r d C 1 'Yri.i/3a • CPC tag v 91 j arirl or / as l✓r ..d n Does Method Control Fly Breeding? y C_S Is Rodent Control Practiced? 1JrS Treatment and Disposal of Stock Pen .Drainage Meg,/ ./ 7) firri.:f':`?, Stream or Water Body Receiving Drainage (Name, Distance, and Direction) • How is Area Zoned? Al ft/4- Distance b Direction from Nearest Community ) i /VW r ' Method of Dead Animal Disposal °12 �• %�''•% 7-Cl Preparec by: it, WP-l2 (9-67-4) 1 .17...m. RECEIPT FOR CERTIFIED MAIL-30¢_(plus postage) SENT TO •- - - POSTMARK I A a Martin si- •,• OR OATS STREET AND N0. , •;' 1 P.O.,I STATE AND 219 CODE' ) "rz( OPOIONAL SERVOICES FOHOD ADDITIONAL FEES -4/27/73' 1. RETURN • 1. Shows to wham and.Cate delivere0 15Q ' _ RECEIPT With Delivery to addressee only.. 65y' , SERVICES 2' Shows to whom,date end where delivered 350 IWith delivery to addressee Only 850 DELIVER TO ADDRESSEE ONLY - SOd - ® SPECIAL DELIVERY (extra fee required) 4 PS Form 3800 NO AGE 0 Apr. 1971 NOTINSURANCE FOA INTERNACOVERTIONAL Pg0VI MAILE0— (Sea other side)0GPo: 1970 0-397•03 • RECEIPT FOR CERTIFIED' MAIL-30t (plus postage) ( SENTITO„ ' — -. " _ > ' ' POSTMARK f • '41 ' ST NO el lie i e Brunner a al 'OR DATE 00 ri 00 rs�Y_?Lz " P�CYYE AND ZIP wue J�1 - • 5 . 4./27/73' i CES FOR ADDITIONAL FEES 1 • RETURN 1. Shows to whom and Cate delivered ..........:. 150 RECEIPT W'1M delivery to addressee only I SERVICES Z• Shows to whom,date and where delivered 350 With delivery to addressee onl• - DELIVER TO ADDRESSEE'ONLY y 856 . l ` SPECIAL DELIVERY • SOe! �' ' ►a (extra fee required) --- hT-•1 PS Form - I Apr. 1971 3800 NO INSURANCE.COVERAGE PROVIDED—'i NOT FOR INTERNATIONAL MAIL - '(See oilier side) , o 080, 1970 o-anrea ' • RECEIPT FOR CERTIFIED MAIL-30s`'' (plus postage) i Cr) ;, .•SENT TO , - -. :::, I CD .:J:' ':'/ t POSTMARK v� AND I n C• t OR DATE e� , STRE N0, _ - • • • I,�. P.O.,.S GATE ANDt-e Zip CODE O X 1 2 7:____ - he-I 4/2'7/.73 • O L ERv CES•FOR ADDITIONAL FEES w RETURN 1. Shows_to whom and date delivered............ 150., < < r RECEIPT •With delivery to addressee only............65 SERVICES Z' Shows to whom,date and where delivered.-350 l' DELIVER T With delivery to addressee only d ® 0 ADDRESSEE ONLY -. 50d 0 SPECIAL DELIVERY (extra fee required).....................................SOd ' PS Form NO INSURANCE COVERAGE PROVIDED—",I 3800 , Apr. 1971 NOT FOR INTERNATIONAL MAIL '' (See'Other.3 side) i omm m7o oye7re• ��— , i. RECEIPT FOR CERTIFIED MAIL-30e (plus postage) fI, TO SENT--:1 _ _•~_.. • _ '- " 1 r,1 0. . .-. -• _ '/POSTMARK tR Dorotfi' Breniman' ' OR DATE LapST STREET AND NO. • 00 P,O.; P CO ,. r FRVIC OR ADDITIONAL FEES 4/.2Z/73 - ,r RETURN T. Shows to whom and date delivered ... < t r RECEIPT With delivery to addressee only •" " 15d SERVICES ?. Shows to wham,date and where delivered., 35� ' ' With delivery taraddressee only ' �• ' DELIVER TO,ADDRESSEE ONLY .L:..._.::,,..' "'--""'- 85d SPECIAL pELIVERY ... SOQ i' "' (extra fee required).................................... 'PS Form NO INSURANCE COVERAGE PROVIDED— ' Apr.Form 3800 NOT FOR INTERNATIONAL MAIL (See 'other side) *GPO. ,9>o o.a97.aee RECEIPT FOR CERTIFIED MAIL-30e (plus postage) , ' SENT TO,_ f. _ _ .. 'If L,, - POSTMARK <n� STRTfTq Hamburger OR DATE' i N t. W I P.D., STAT r ►` �NZ=IP1�Sbngae , f" ' TILE EYVI OR ADDITIONAL FEES 4/27-%7.3 ` RETURN T. Shows to whom and Cate delivered............ 15 i '�. RECEIPT �' " With delivery to aodres5Ee Onl d i • ( • SERVICES •2•.Shows to whom,date and where del vered.. 35e l • DELIVER With delivery t0 addressee only i TO ADDRESSEE ONLY ---e5d , SPECIAL DELIVERY (extra fee required).— •- SOd .J................................ 0 PS Form 3800 NO INSURANCE COVERAGE PgOYIDED— Apr. 1971 NOT FOR INTERNATIONAL MAIL (Sae other side) •aeo, 19700.]•7.40• V RECEIPT FOR CERTIFIED MAIL-30t_ (plus postage) f • SENT TO _ _ i r & Janet Lind PORDATEK STREET AND NO. .CO —R-La e__ R n x 7 1 7 A - J P.O., STATE AND„ZIP CODE 1 73 t • CDAL • ICES FOR ADDITIONAL FEES 4/27/ f, • RETURN ® 1. SnotsWith to del venom and ad natal delived RECEIPT ivery to addressee onrely... 61515¢ ' r. D 11..1 SERVICES 2 Shows to wham,date and where delivered., 350" '' With delivery to addressee only 850 .DELIVER TO ADDRESSEE ONLY - " SPECIAL DELIVERY 50@ ,M �1 (extra fee required) PS Form NO INSURANCE COVERAGE PROVIDED— Apr. 1971 3800 (Sew ofher side) NOT FOR INTERNATIONAL MAIL a aPa: ,a>e 0-3517.40.0 ' RECEIPT FOR CERTIFIED MAIL-30e-(plus postage) i O SENT TO - POSTMARK LOS D OR DATE A P. ...4 CE A C .3_- ir ii--.1 •• I N L SERVICES.FOR ADDITIONAL FEES 4/27/73 RETURN •1.-Shows to whom and date delivered 150 t RECEIPT With delivery to addressee only G SERVICES 2' Shows to whom,date and where delvered., 35C •• • DELIVER T With delivery to'addressee onl • 0 ADDRESSEE'ONLY y^^--- 85C 1 1 SPECIAL DELIVERY ............:.:.:...........::.._.............[.:_.. 50@ ' (extra fee required)................................... F � t. - 5 Form NO INSURANCE COVERAGE PROVIOFO— Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL - (See other side) , - aao, moo.anres RECEIPT FOR,CERTIFIED MAIL— 1 SENT,To 30t (plus postage) POSTMARK e�� STRE mss—& M i ri ni'e L e n g e l op DATE a' �7 . too P.O.,, ing R- _BO,. 1 9� n DoE �� 1 nd'S61YLd;FR , s FOR OA FEES • 4/27/73 , RETURN I 1. Shows:to whom and date delivered 150 I RECEIPT With delivery to addressee only 1 SERVICES Z' Shows to whom,(late and where delivered... 350' .� �' DELIVER With delivery to addressee only '• TO ADDRESSEE ONLY .._........850 1 SPECIAL DELIVERY ...................::.....t:..............:......_, 500(extra fee required),,,, PS Form Apr. 1971 3800 NO INSURANCE COVERAGE'pROVIDEO_ - i NOT FOR INTERNATIONAL MAIL (See other side) •ono: Ina o-397-aria 1 1 RECEIPT FOR CERTIFIED MAIL-30¢, (plus postage) _- . SENT TO - - N - POSTMARK STREET AND NO. A U S e n t 1 U _",OR-DATE 1, I OO t ., ..'S " ' OOq , v$. 1 P.O.. ST N, — jpr8_t_F+h C+.v'o c+ ° i D C n� - CO 80537 In, 0 A SERV CES FOR ADDITIONAL FEES 4/.27/73 'f :RETURN 1. Shows to whom and date delivered............•15@ •• RECEIPT' With delivery to addressee only t ' DT fl t:,1 'r, • SERVICES • T Shows to wham,date and where delivered...35� • i 1c'I• DELIVER TO ADDRESSEE O Oath delivery to addressee only L 10 ......._...850 f SPECIAL DELIVERY (extra fee required)................................ .. 50! Z PS Form A 3800 NO INSURANCE COVERAGE PROVIDED= 1 Apr. 1971• NOT FOR INTERNATIONAL MAIL I (Sea other side) • •ono: Ia7a o.aa>.eee j1. RECEIPT FOR CERTIFIED• MAIL-30 P M '_ SENT TO - - t`--(pILIS postage) ` ; ��•"]�'y��pp LP l n e d a POSTMARK •� • STREET ANNb-NA OR DATE alien ,Pineda i P.O., STATE D IP _mad r 8 1 f 1 N- Box `8 r� ICNA �1 E ADDI AL FEES 521 4/27/73 : .y RETURN 1, Shows to whom RECEIPT With delivery date Delivered ,. 150 i 1 _ LI' 2. Shows to y to addressee only............650 ,1 SERVICES ham,date and where delivered.... 350 � ' With deliver e - • DELIVER 70 ADDRESSEE ONLY y to addressee only ' ® SPECIAL DELIVERY --.850 i (extra fee required).................................... SOe PS Form Apr. 1971 3800 NO INSURANCE COVERAGE PROVIDED— , NOT FOR INTERNATIONAL MAIL (See,ofher side) a ono: 1070 o.ae>.aee r i RECEIPT FOR CERTIFIED MAIL-30,¢- (plus postage) • SENT TO ,11„L. POSTMARK _d " _ OR DATE Charles Kirby as Trustee , ILO STREET AND N0. CO P . O . Box 784 .( 'IMw P.O.;STATE AND ZIP CODE I , I ~ SSpp�1^ �AR ��D��5Q - 4/27/73 ^� Wind QPTIunlit S CES FD D AL FEES I .A ' - RETURN 1- Shows to whom and date delivered 150 — , „ L , With delivery to addressee.only . 650 , RECEIPT -- , i,2 Z. Shows to whom,date and where delivered:.350 r 0, n,'1''. SERVICES With delivery to addressee only 850 l +•I ' :U' • "DELIVER TO ADDRESSEE ONLY - 500 sFtad SPECIAL DELIVERY (extra fee required) te�s P5 Form 3800 NO INSURANCE COVERAGE PROVIDED= (See"otfier-side) Apr. 1971 NOT FOR INTERNATIONAL MAIL 9oroh 19700.397.400 RECEIPT FOR CERTIFIED MAIL-30,t • - , SENT T0. •" - L (Plus postage) nr • '& Lyo1 i a •Hei nze _ POSTMARK f -i .' . STREET AND N0. CO' 1 ' I . OO —R-a t>„e_1,=Box 19'1 P.O., STATE AND ZIP CODE I + ppy�` 0550 4/27/73 iTCN VICES-fOR AOOITION4L fEE5 RETURN • 1. SADws,tu whom and date delivered r RECEIPT D WiM Delivery to addressee only 650 ' . SERVICES Z. ma to whom,date and whose delivered,.35� DELIt'ER TO c With delivery to addressee only.. 835C SPECIAL DELI VERYE_SEF ONLY, sp (extra fee required) 50! I�1 erm NO INSURANCE COVERAGE PROVIDED— .APS Pr.F 1911 3800 NOT FOR INTERNATIONAL MAIL (See other-side) arch 197oe.amese . I . RECEIPT FOR CERTIFIEDMAIL-30t (plus postage) SENT TO "f , , u POSTMARK (,D" - ,OR DATE a LSD STREET AND NO. - _ CO 'OO P.O.,t ZIP CODE Box 220 - `CO 80550 .4/27/73' a ni,- OPTIONAL SERVICES,FOR ADDITIONAL FEES C t • t RETURN ,1. Shows to wham and date delivered - ,ISO. RECEIPT i • ,, With delivery to addressee only 650 I i � 2: Shows to wham,date and where delivered::350 • ,[ .. SERVICES 'With delivery to addressee Del, '' 850' ' DELIVER TO ADDRESSEE ONLY (� SPECIAL DELIVERY (extra fee required) - ' -ri - L�-f PS Form NO INSURANCE COVERAGE PROVIDED- 'rr t' Ayr. 1971 3800 (See oilier side) i NOT FOR INTERNATIONAL MAIL _ aoroh 19700-397.459 I A 1 - . - I SENDER:Belsure to follow-instructions on other side I �1:E� IS ySERV CE(S) INDICATED BY,CHECKED•BLOCKS) .; . 4 UNTYaoF WELD 1 CC ( ddst:ortaL ch¢ryee required for these aeiuicea) Fil d wlth+t leskrgf O rd. I�1 Deliver ONLY I of County'('orr roki iye'8olnrered' I i to addressee i q �' t MAY;2- 1 ceYved the numbered article described below 1 REG S�TFRsa-r ypc,•1wN 'SIGNATUR OR NAME OF ADDRESSEE(Must always he tilled in)a 1 COUNTY ar4RN AND RECORDER ` i I BuCERTIFIED N0. D 1 SIGNA RE ADD ESSE S AG IF AN ; .INSURED . 2 - I ! DATE DELIVERED SHOW WHERE DO-IVERE0 (Only if requested and include ZIP Code) y %9 ,.. T F CO COU s � � }�g�Be sure to+ollow instructions on other side I .t I Fli a PLEASE own?prpp E S) INDICATED BY CHECKED BLOCK(S) of Count nersitlb9g gee required for these services) County Commission��rrrs - i IQ Show adal fS M Deliver ONLY ere red to addressee ) r,,,,„41. RECEIPT I ecerved the nu bared article described below (l1 - REGISTEREDAQ,ERIC ono Recoao: SIGNA URE OR NAME OF ADDRESSEE(Must always 6e filled in) -, 1 / ,._ CERTIFIED N0. 1` c /77E9i 2 1 NATURE OF ADDRESSEE'S AGENT,IF ANY INSURED NO. r ' � DATE DELIVERED SHOW WHERE DELIVERED (Only ifrequested,and include ZIP Code) �- l--- 73 3 t : . ... :1399 -49 . SENDER: Be sure to follow Instructions on other s R,Cp r •Li H •ERVI =(S) INDICATED BY CHECK BLOCK{S I COUNTY OF WELD (Add.iolart chi ryes required for these services) P 1, (, Filed will giry eDdrO�oard D �ve��ONLY0 _i of Count rweheigi�yyered m to dkefete raw Act-Livid the nu Rbared ECEIPT n d article described below REGISIREO..N0,z9-Ac-+v a✓ SIGNA URE OR NAME OF ADDRESSEE(Must always be filled in) �,...e....,.,,,�„s l I �v/T N�i.,�if._ 1 „ -C-CP-GCPi .�/•q^n-o� ^ors-.G '! v 2 • SIGNATURE OF ADDRESSEE'S AGENT,IF ANY INSURED N0. (Z// 75 • gyp,± DATE DELIVERED SHOW WHERE DELIVERED (Only if requeated,and include ZIP Code) • ®'T - s 3 395 , . MAY 1 -119 K .`� _— .-s si SENDER:Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) I--1 Show address l—I Deliver ONLY II where delivered II to addressee RECEIPT f? r 4 Received the numbered article described below REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Must always be filled.lair, IIyypp''�_ �yl SIG TUR @68fS6EE1&6G6NT, IF NY ...21 INSURED N0. 2 • . I •, Filetl .in LC� Clerk Of the Board -4 —.r of County omrnissia-=-s l DATE DELIVERED SHOW-WHERE DELIV ED (Only a ude ZIP Bode) Isr -gyp- _� � e /1 g ,✓- ra7 1 es BY—_Oepub . IA STATE OF COLOURDER. He fsure fo follow instructions on other side t C uhI l Y I ((77O1�� DpeeA lARNI SERVICES) INDICATED BY CHECKED BLOCKS) HI IIKd v+4f1 Ille eri( Oi RpL dRaL ;barges required for these services) Ibr of County Cor�1LreRf�n(iress Deliver ONLY .I L, II to addressee A ' NI Y wheroNivered ,Qp RECEIPT • I .144-)—� a ived the I umbered article described below REGISTERED NO. All ruesgef 'SIM ATURE OR NAME OF ADDRESSEE(Must always be filled fit) l T CCERTIFIED NO. 0 � Cl 1.C 46/ Ct.. 77 / © SIGNATURE OF ADDRESSEE'S A INSURED N0. DATE DELIVERED SHOW WHERE DELIVERED (Oulu if requested,and include ZIP Code) Q L 0/2I i 7.? 4 STATE gm ptI nsfructions on other side ��c§�.�fh"file t tERVIC (SSl' INDICATED BY CHECKED BLOCK(S) ,I 1 2�it,Dhod raee&q'ired for these services) (II 1 of Cou� �o��iA�yners Deliver ONLY TyrggF�D�hverT.ga7o II to addressee p RECEIPT 67+,,,RzeAi�ad•thantAtmbered article described below rc REGIST.RED N0. SIGNATURE OF NAME OF ADDRESSEE(must always be filled in): COUNTY CLERK AN ORDER By CERTIFIED N0. / 7 ? _ SIGNATURE OF ADDRESSEE'S AGENT ANY ` _I A 2 "" /1 INSURED N0. - t ` DATEDELIVERED SHOW WHERE DELIVERED (O 1 if requested,and include ZIP Coda) 1 %// 3 _ ac3.9_ t SENDER:t sure fo follow instructions on other side ..,1-\-1 Of COLOHnDO CC I II NTYPb ORRIS} SERV CE(S) INDICATED BY CHECKED BLOCK(S) ( aa al charges required for these services) 1 Fil K1 w•th tim CI of the BoaieiDr' Deliver ONLY of County o x+N dress n to addressee "�I Ye delivered MAY 2 1973 RECEIPT �+ p Received the lumbered article described below REG of fEfl!OLfa0`J�f9. "' SIGF ATURE OR NAME OF ADDRESSEE(teust always be filled In) COUNTY CLERK AND RECORDER l' // B}OTIFIFD NO _ �� / '/Qu.:"1 / SIG TUR OF ADDRESS E'S AGENT;IP __. ,�'II INSURED NO. 2 r .....-sew• ''I ' I /IZC-0—‘ 7 _.-ex.' DATE DELIVERED SHOW ZEREIDELIVERED ( nig i requested,and iu Code) �'-s --se ="-..-�« esa . SENDER:Be sure to follow instructions on other side a ATE BEBASEORHB611Sle SERVI;E(S) INDICATED BY CHECKED BLOCK(S) COUNTY OF WELD (A mimed<haves required for these services) Fi ed with tile l.ISht,ni�Kl rBbld Deliver ONLY of County CoArliIOM iveredd II to addressee RECEIPT MAY 1 fleSta the cumbered article described below REGI M.0e.y (fi'E mnN SIGNATUR OR NAME OF ADDRESSEE(Must always ba YI_letl in) B E T n .FILANDFL DED O ' © SIGNATURE OF ADDRESSEE'S AGENT, IF ANY — INSURED N0. lF DATE DELIVERED SHOW WHERE DELIVERED (Only if requested,and include ZIP Code) , . :.-.1 .2p �� 19--n '0: 1 7 t ,..,9 ) i SENDER: Be sure to follow instructions on other side �, PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) I� Show address I�I Deliver ONLY ( where delivered I Ito addressee RECEIPT Received the numbered article described below REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Must always be tilled In) CERTIFIED NO. INSURED N0. J 1 d J-li'+r'aLOR'D1 / 6 • /— 2 SIG URE OF •-CN6�V4WSLAGEHLI6 ANY ss• Filed ..tn I ,: Clerk of the Board of County Commission�-s DATE DELIVERED9 SHOW WHERE DELIVERED Onill if reAl ferf.runitl YrP Cade) r y A -- . CLERK AND RE`CQOR�DER BY DePu SENDER:Be sure to follow instructions an other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) IIShow address Deliver ONLY f where delivered m to addressee RECEIPT Received the numbered article described below rA jj • REGISTERED N0. SIGNATURE OR NAME OF ADDRESSEE(Must always be tilled In) ` 2 . SIGNATU FuglIfkpEtats ENT, IF •M. INSURED NO. - .Filed with th_ Clerk of the do-rd . . of County Commissk DATE DELIVERED 'SHOW WHERE DELI ERED � 1�(On�X� d19 chide Zl Code) 'd r- 1/402K- c5 3 ` r • COUNTY CLERK AND RLCORORR • I_BY Deputy_ _ ,f SENDER:Be sure fo follow instE tAlbtona 0gy.QTpmfO j i PLEASE FURNISH SERVICE(S) INDIC/V@NEW @Fi 4E% BLO6K(@) , (t}. } (Additional charges required d{et slat ilhfleglerk of the Board of County m Show address nDbTl6er ONLY II where delivered A r, tgatiiinee . a RECEIFT ink J Received the numbered article dealbedareoove„„„4„,. q REGISTERED NO. SIGNATURE OR NA BE OF ADDRESSEE(Must always be filled In) COUNTY CLERK AND RECORDER By i e�outy , CE I 0 N0. 1 t 2 SIGNA UR 0 ADDRESSEE'S AG NT, IF ANY 1} e INSURED D. I. (D,AATE DEEJLLI�IVERED SHOW WHERE DELIVERED (Only if requests and include ZI Coda) • 1 SENDERt Be.,sure.to follow instructions on other side l PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCKS) (Additional charges required ref these services) S I� Show address �I Deliver ONLY I I I where delivered I I to addressee RECEIPT Received the numbered article described below REGISTERED N0. SIGNATURE OR NAME OF ADDRESSEE(Must always 6e fillet in) T CERTIFIED N0: 1- 7Iie _dil•?�T:r a5'/ate Ai ! � SIGNA ��I��S��fiENT, I.7/'' NSURED 'NO. 2 Filed .::th tn. Clerk of the Board i 9 of County Commissio-^-a DATE DELIVERED SHOW WHERE DEL EKED (Ch tnegtt aco}3r7d3nclude ZI Code) A .,�3 3. FF1l f l UN } y COUNTY CLERK AND RECORDER I, rte•. ' By Deputy J + ' SENDER:Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S) (Additional charges required for these services) Show address Deliver ONLY IIwhere delivered to addressee RECEIPT I Received the numbered article described below •S.. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Must always be fined In) � I TIFIE�NO._ O /'] OF COLORADO ��• a�td/ S 7 GNATURE OfrADDR3%kg {iQEa Watts,.. INSURED N0. © Fil d wlth-the Clerk-of-the Board— of County Commissioners "- DATE DELIVERED SHOW WHERE DELIVERED (Only if reauesIMA*ilea—a — 01 - ooutav cLSKK-A By-�De xi Hello