HomeMy WebLinkAbout790486.tiff RESOLUTION
• RE: APPROVAL OF CONDITIONAL USE PERMIT NO. 51: 79 : 8 FOR THE
STORAGE OF FIREWOOD ON A TRACT OF LAND LOCATED IN PART
OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE
6TH P.M. , WELD COUNTY, COLORADO.
' WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and II
WHEREAS, the Board of County Commissioners of Weld County,
Colorado held a public hearing on the 16th day of July, 1979 at
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the hour of 9 :00 o 'clock a.m. for the purpose of hearing the
application of Tomas Mondragon for the granting of a Conditional
Use Permit for the storage of firewood on the following described
real estate, to-wit:
Lot 19 , Indian Hills, a subdivision of a part
of the Northwest Quarter, Section 35, Town-
ship 5 North, Range 66 West of the 6th Prin-
cipal Meridian, Weld County, Colorado
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the granting
of the Conditional Use Permit for the storage of firewood, and
WHEREAS, Section 3 . 3 .D. of the Weld County Zoning Resolu-
tion authorizes such a use in an Agricultural Zone District upon
approval of a Conditional Use Permit by the Board of County Com-
missioners of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all of the testimony and statements bf .those pre-
sent, has studied the request of the petitioner and the recom-
mendations
of the Weld County Planning Commission and all of the
exhibits and evidence ..presented in this matter, and having been
fully informed,, is satisfied that the request for a Conditional
Use Permit for :the• storage of firewood on the here'inabove described
real estate complies with all of the conditions as set out in
Section 3. 3 .D. (2) of the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of
Tomas Mondragon for a Conditional Use Permit for the storage of
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firewood on the hereinabove described tract of land be, and
hereby is, granted subject to the development standards con-
tained in the Conditional Use Permit with development standard
#2 being amended to include moving the fence to the property
line, no materials shall be stored within 10 feet of said
property line, and that said 10 feet shall be totally free from
vegetation.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the reasons from approval contained
in the Planning Commission recommendations dated July 3, 1979 be,
and hereby are, adopted as the findings of fact of the Board of
County Commissioners in this matter. -
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
July, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
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ATTEST: ° "
Weld County Clerk and Recorder
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County Attorney •
DATE PRESENTED: JULY 18, 1979
Tomas Mondragon - CUP
DEVELOPMENT STANDARDS
1. The permitted uses on the hereon described parcel may include
the storage of firewood and all uses permitted by right under
Section 3. 3B of the Weld County Zoning Resolution. There
shall be no cutting, splitting, or peeling of the wood in
association with the storage use. There shall be no customer
pickup of the firewood at the property.
2. A solid wooden fence at least 6 feet and no more than 8 feet in
height shall enclose the area intended for the storage of
firewood as shown hereon. The enclosure shall be no larger than
20, 000 square feet and be no closer than 10 feet to the property
lines shown hereon. Stored firewood shall not be stacked or
otherwise placed such that it exceeds the top of the fencing.
The property owner shall be responsible for maintaining the
fence in good repair and free from debris . The fence shall be
installed no later than 90 days after the date of approval by
the Board of County Commissioners.
3. No signs advertising the sale of firewood shall be permitted on
the Conditional Use Permit area.
4. The Conditional Use Permit area shall be maintained in such a
manner so as to prevent soil erosion, fugitive dust, and the
growth of noxious weeds.
5 . All phases of the operation shall comply with all County and
State Health Standards and Regulations pertaining to air quality,
water quality, noise emission and appropriate disposal systems.
The storage of firewood on the Conditional Use Permit area
shall be in compliance with C.R. S. 35-4-101, et. seq. (1973 as
amended) .
6. The appearance of the Conditional Use Permit area shall be
maintained in a neat and orderly condition.
7. The Conditional Use Permit shall be limited to the plans shown
hereon and governed by the Development Standards stated above
and all applicable Weld County Regulations. Any material
deviations from the plans and/or Development Standards as shown
or stated above shall require the approval of an amendment to
the Conditional Use Permit by the Planning Commission and Board
of County Commissioners before -such changes from the plans and/or
Development Standards shall be permitted. Any other changes
from the plans and/or Development Standards shall be filed in
the office of the Department of Planning Services.
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The Weld County Planning Commission held a scheduled meeting on
July 3 , 1979 in the Weld County Centennial Center County Commissioners
Hearing Room, first floor, 915 10th Street, Greeley, Colorado .
Roll Call was as follows :
Chuck Carlson Present
Percy Hiatt Present
Ben Nix Present
Fred Otis Present
Jerry Kiefer Present
Bette Kountz Present
Jim Gilbert Absent
Irma White Absent
Frank Suckle Absent
Also present were : Tom Honn, Zoning Administrator
Bob Lowenbach, Assistant County Attorney
As a quorum was present the meeting proceeded as schedulated. Chairman
Carlson called for a motion to approve the minutes of June 19 , 1979.
Bette Kountz made a motion to approve the minutes as presented. The
motion was seconded by Jerry Kiefer. ) All present case a unanimous vote
of "aye" to approve them as presented.
APPLICANT: Amoco Production Company
CASE NUMBER: SUP-394 :79 :15
SUBJECT: Modification/Addition to West Spindle Compressor Station -
Amends SUP-336
LEGAL DESCRIPTION: Pt. Wk, Section 36, T2N, R68W
LOCATION: 1 mile west of Frederick
APPEARANCE : Lou Gaskins-Attorney; John Lang, Senior Staff Engineer
DISCUSSION: Mr. Lang stated that they first obtained the Special Use
Permit in 1975 for the compressor station which presently has three
1, 000 horsepower compressors . These compressors are used to take gas
from oil and gas wells in the surrounding areas and compress the low
pressure gas up to 430 lbs. This pressure is then pushed through a
pipeline 4 miles east of the site to Spindle Plant. It is there that
dry gas is yielded which is suitable for use in residential or
industrial type operations. They now need one additional compressor
at the site which will be located on three acres adjacent to the other
three compressors . The purpose of the additional compressor is to
give them the capacity that when one of the other compressors needs to
be shut down to overhaul, etc. they will not have to reduce oil
production in the field. - Tom Honn then read the staff' s recommendation
for approval with the Development Standards and the comments. There
was a letter received by the staff from Union REA stating that they
have no objection to this as long as the proposed change does not
encroach within. 20 feet of the existing underground pipeline located
east of and parallel to the west line of the section. Mr. Gaskins
stated this would not encroach the property in any way nor interfere
with the right-of-way. Mrs. Kountz asked what the duration would be
for the compressor. Mr. Lang responded at most approximately 1Z to 2
_ years after the peak period. Ben Nix asked if noise would be a problem.
Mr. Lang stated that the operation is basically inaudible. Mr. Hiatt
stated he field checked the proposal and found it to be a very quiet
operation and saw no problem with it.
7 Planning Commissioi. -'inutes
Page 2
July 3 , 1979
MOTION: Be it therefore resolved to recommend approval based on the
Planning Staff' s recommendation with the Development Standards to the
Board of County Commissioners. Motion by Percy Hiatt, seconded by
Bette Kountz. A vote of "aye" was cast by Chuck Carlson, Percy Hiatt,
Ben Nix, Fred Otis, Jerry Kiefer, and Bette Kountz. Motion carried.
APPLICANT: Richard M. Barnes
CASE NUMBER: CUP-5O: 79 :7
SUBJECT: Horse Training Facility
LEGAL DESCRIPTION: Pt. SE4i Section 18 , T6N, R64W
LOCATION: 52 miles east of Lucerne, north side of Colorado Highway 392
APPEARANCE: Joe Hellewell
DISCUSSION-: Mr. Barnes desires to establish a horse training facility
on this property for approximately 6 to 20 horses. He has a lease with
an option to buy the property at present. He has begun to build a
permanent residence with a barn and other necessary training facilities
yet to be constructed. Mr. Barnes ' primary occupation is raising horses .
A full time trainer will be hired and a residence will also be built for
him. There will be no horses boarded at the property. Tom Honn then
read the Planning Staff' s recommendation for approval along with the
Development Standards and comments . Some discussion followed regarding
possible flooding, but the site is too high for this to occur.
MOTION: Be it therefore resolved to recommend approval with the Developmen
Standards to the Board of County Commissioners based on the Planning
Staff' s recommendation. Motion by Ben Nix, seconded by Bette Kountz. A
vote of "aye" was cast by Chuck Carlson, Percy Hiatt, Ben Nix, Jerry Kiefer
and Bette Kountz. An abstention vote was cast by Fred Otis. Motion carrie
APPLICANT : Tomas Mondragon
CASE NUMBER: :CUP-51 :79 :8
SUBJECT: Storage of Firewood
LEGAL DESCRIPTION: Lot 19, Indian Hills -. Pt. .NW4j Section 35, T ,N, R66W
LOCATION: 5150 44th Avenue, Greeley, Colorado
APPEARANCE : Tomas Mondragon
DISCUSSION: Mr. Mondragon is presently employed full time, but wants to
furnish Greeley and surrounding areas with firewood for energy con ervation
purposes . Approximately 300 cords of wood will stored on the nort east
part of the property. Mr. Otis asked if the applicant was aware o any
possible restrictive covenants for conducting a business from a per on's
home in a subdivision. Mr: Mondragon stated he was not aware of a , but
would check into it before proceeding with the business . Tom Honn then
read the Planning Staff' s recommendation for approval along with t e
Development Standards and the comments . Mr. Honn also stated that in the
Planning Staff' s opinion an additional item should be added to Dev lopment
Standard #5 which states that the request will be in compliance with CRS
35-4-101 et.. seq. . 1973 as amended. This is a. state statute as it regards .
pests. Discussion. followed regarding this. There was also some discussion
regarding Development Standard #6 in regard to the property havi g a neat
and orderly appearance. There are presently two vehicles on thgfproperty.
Mr. Mondragon stated that he wants to make trailers out of them/for hauling
the firewood. Chairman Carlson then asked if anyone in the auc}ience wished
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Planning Commissioi+,,dinutes 1
Page 3
July 3, 1979
to make a comment regarding the request. At this time Juan DeLaRosa,
Mr. Mondragon' s neighbor to the east, stated that he was concerned tha
the property would become unsightly and junky looking, but he has no
objection to Mr. Mondragon storing firewood. Mr. Nix then commented th t
he was concerned about the operation and what the County could do if
the operation were to get out of control . Fred Otis stated he feels th
definitions and Development Standards need to be more strictly drawn as
regards : 1) The fence-needs more clarification where it will be
located; 2) Cars should be enclosed on the property; 3) Should be a
limitation on the size of the fence. A great deal of discussion follow d
in this regard.
MOTION: Be it therefore resolved to recommend approval with the Develo met
Standards and the addition to Development Standard 45 as recommended by
the Planning Staff. Also that the staff include within the Development
Standards a maximum area to be determined of 20, 000 square feet; a 10 f of
fence be placed no closer than 10 feet from the property line; and
that there be a maximum height to the fence of 8 feet. Motion by
Jerry Kiefer, seconded by Bette Kountz. A vote of "aye" was cast by
Ben Nix, Jerry Kiefer, Bette Kountz, and Chuck Carlson. A vote of
"no" was cast by Percy Hiatt and Fred Otis . Motion carried.
APPLICANT: Gary Merideth '
SUBJECT: Amend Sundown Planned Unit Development
LEGAL DESCRIPTION: Pt. SW% SW4, Section 3 , T5N, R66W
LOCATION: Northeast corner of 59th Avenue and U. S . Highway 34 Business
DISCUSSION: Tom Honn read the Planning Staff' s recommendation to continue
the request to the Planning Commission meeting scheduled for July 17 , 1979
to provide time for the applicant and the Engineering Department to resolve
concerns raised by the Engineering Department.
NOTION: Be it therefore resolved to continue the request based on the
Planning Staff' s recommendation. Motion by Ben Nix, seconded by Jerry
Kiefer. A vote of "aye" was cast by Jerry Kiefer, Bette Kountz, Chuck
Carlson, Percy Hiatt, Fred Otis , and Ben Nix. Motion carried.
CONSIDER A RECOMMENDATION TO AMEND SECTION 4. 5. , GENERAL SIGN REQUIREMENTS ,
WELD COUNTY ZONING RESOLUTION.
DISCUSSION: Tom Honn stated that at the last Planning Commission meeting
they recommended striking from the Resolution the section regarding annual
renewal of signs. This amendment is to add two new sections. (See
attached amendments) . The subject was then brought up as to what the .
definition is of a sign and what the difference is between a commercial
sign and any other sign. It was the general feeling of the Planning
Commission that it is not appropriate to approve something that could be
a violation but cannot be enforced.
MOTION: Be it therefore resolved to recommend approval based on the
Planning Staff' s recommendation. Motion by Ben Nix, seconded by Jerry
Kiefer. A vote of "aye" was cast by Ben Nix and Jerry Kiefer. A vote of
"no" was cast by Percy Hiatt, Fred Otis, Chuck Carlson, and Bette Kountz.
Motion carried for denial.
Planning Commissio viinutes
Page 4
July 3 , 1979
CONSIDER A RECOMMENDATION TO AMEND SECTION 6. 6, UNIT DEVELOPMENTS , WELD
COUNTY ZONING RESOLUTION
DISCUSSION: Tom Honn explained that there is a problem that the
current regulations have created that allows certain types of development
in a given zone district in a given situation. This involves the High
Density Zone District. A person can build an apartment building or
condominium because it is a single unit of ownership with no actual
subdivision taking place on the property. This could not be allowed
if a person wants to create a townhouse because it creates a separate
interest. He then explained the unit development procedure and
restrictions and the suggested amendments to it. (See attached)
Harry Cross stated that he agrees with Mr. Honn and that this should
be amended.
MOTION: Be it therefore resolved to recommend approval based on the
Planning Staff' s recommendation to the Board of County Commissioners .
Motion by Jerry Kiefer, seconded by Ben Nix. A vote of "aye" was cast
by Percy Hiatt, Ben Nix, Fred Otis, Chuck Carlson, Jerry Kiefer, and
Bette Kountz. Motion carried.
CONSIDER A RECOMMENDATION ON PROPOSED AMENDMENTS TO THE WELD COUNTY
ZONING RESOLUTION WHICH WILL CLARIFY THE DUTIES AND RESPONSIBILITIES OF
THE DEPARTMENT OF PLANNING SERVICES, THE PLANNING COMMISSION, AND THE
BOARD OF COUNTY COMMISSIONERS IN ACTIONS CONCERNING AMENDMENTS TO THE
MAP OF THE ZONING RESOLUTION
DISCUSSION: This was continued from the June 19, 1979 Planning Commission
so that the Planning Staff could meet with the Board of County Commissions]
at a work session and resolve the concerns raised by the Planning
Commission. The work session has not yet been held, therefore, the
Planning Staff recommended the request be continued to the July 17 , 1979
Planning Commission meeting.
MOTION: Be it therefore resolved to continue the request to the
July 17 , 1979 Planning Commission meeting based on the staff' s recommend-
ation. Motion by Fred Otis , seconded by Percy Hiatt. Motion carried.
There being no further business , the meeting was adjourned.
Respectfully submitted,
Shirley A. Phillips
Planning Commission Secretary
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BEFORE T, JELD COUNTY, CQLORADO PLANNING OMISSION
RESOLUTION OF 'RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. CUP # 51 :79 : 8 Date July 3 , 1979
APPLICATION OF Tomas Mondragon •
ADDRESS . 5150 44th Avenue, Greeley, Colorado 80631
Moved by Jerry Kiefer that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission.that the
application for Storage of Firewood
covering the following described property in Weld County,
Colorado, to-wit:
LEGAL DESCRIPTION C �\(`�q
Lot 19 , INDIAN HILLS ,
a subdivision of a part of the
NW I/4 , Section 35 , Township 5 North ,
Range 66 West of. the 6th Principal y
be rec
Commis Meridian , Weld County , Colorado
1. It is—_ _—_ is request is
consistent with the Weld County Comprehensive Plan in that the
proposed use would not appear to have any adverse impacts on the
agricultural interests of the County, economy, or the environment.
2. It is the opinion of the Planning Commission that this request is
in compliance with the provisions of Section 3 .3.D. (2) of the
Weld County Zoning Resolution which states :
Motion seconded by Bette Kountz
Vote: For Passage Ben Nix Against Passage Percy Hiatt
Jerry Kiefer Fred Otis
Bette Kountz
Chuck Carlson
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.
Tomas Mondragon
CUP-51:79 :8 '
PLANNING COMMISSION RECOMMENDATION
July 3, 1979
"The Planning Commission and Board of County
Commissioners shall consider the following in
making their determination in approving or
denying a Conditional Use Permit: Compatibility
with the surrounding area, harmony with the
character of the neighborhood and existing agri-
cultural uses, need for the proposed use, its
effect upon the immediate area, its effect on
future development of the area and the health,
safety and welfare of the inhabitants of the
area and the County. "
This determination is based in part upon the following responses
from the referral entities listed below. Each of the following
referral entities have reviewed this request and have set forth
no objections to it:
1. Weld County Engineering Department; letter received June 20, 1979
2. Weld County Health Department; letter received June 18, 1979
3. Milliken Fire Protection District; letter received June 18, 1979
4. West Greeley Soil Conservation District; letter received
June 14, 1979 _
The Planning Commission recommendation for approval is conditional
upon the following:
1. The area used for the storage of firewood shall be fenced
with a solid wooden fence at least 6 feet and no more than
8 feet in height. The Conditional Use Permit plat shall
be amended to define the area intended to be used for the
firewood storage which shall be no greater than 20, 000
square feet. A note on the plat shall indicate the
location, type and height of the fencing. The fence shall
be no closer than 10 feet to the property line of subject
property. The Conditional- Use Permit plat shall be
amended 'and submitted to the Department of Planning Services
staff office prior to scheduling this case before the
Board of County Commissioners.
2. The attached Development Standards being recommended and
approved for the Conditional Use Permit.
3. No building or electrical permits shall be issued on the
Conditional Use Permit area until the Development Standards
for the Conditional Use Permit and amendments to the plat
have been placed on the Conditional Use Permit plat and
said plat has been delivered to the office of the Department
of Planning Services.
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Comments :
1 . The City of Greeley Planning Commission reviewed this request on
June 12, 1979 and recommended denial. They indicated that the
City of Greeley Zoning Code would prohibit commerical storage in
a residential district.
2. Our office has received one letter of opposition from an adjacent
property owner. A copy of the letter is in the packet.
2. A solid wooden fence at least 6 feet and no more than 8 feet in
height shall enclose the area intended for the storage of
firewood as shown hereon. The enclosure shall be no larger than
20, 000 square feet. Stored firewood shall not be stack or
otherwise placed within 10 feet of any property line nor shall
it exceed the top of the fencing. A ten (10) foot wide vegetation
free strip of land shall be maintained within the firewood storage
area when any part of the fencing is located on a property line.
The property owner shall be responsible for maintaining the fence
in good repair and free from debris . The fence shall be installed
no later than 90 days after the date of approval by the Board of
County Commissioners.
CERTIFICATION OF COPY
I , Shirley A. Phillips , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on July 3 , 1979 and re-
corded in Book No . vi of the proceedings of the said Planning
Commission .
day of
Dated the 5 July 19 79
Secretary
. Date : July 3 , 1979
CASE NUMBER: CUP-51 : 79 :8
NAME: Tomas Mondragon
REQUEST: Storage of Firewood
LEGAL DESCRIPTION: Lot 19, Indian Hills Subdivision
Pt. NW4, Section 35, TSN, R66W
LOCATION: 515044th Avenue, Greeley, Colorado
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE approved FOR THE FOLLOWING REASONS :
1 . It is the opinion of the Department of Planning Services staff
that this request is consistent with the Weld County Comprehensive
Plan in that the proposed use would not appear to have any adverse
impacts on the agricultural interests of the County, economy, or
the environment.
2. It is the opinion of the Department of Planning Services staff
that this request is in compliance with the provisions of
Section 3 .3 .D. (2) of the Weld County Zoning Resolution which
states: .
"The Planning Commission and Board of County
Commissioners shall consider the following in
making their determination in approving or
denying a Conditional Use Permit: Compatibility
with the surrounding area, harmony 'with the
character of the neighborhood and existing agri-
cultural uses, need for the proposed use, its
effect upon the immediate area, its effect on
future development of the area and the health,
safety and welfare of the inhabitants of the
area and the County. "
This determination is based in part upon the following responses
from the referral entities listed below. Each of the following
referral entities have reviewed this request and have set forth
no objections to it:
1. Weld County Engineering Department; letter received
June 20, 1979
2. Weld County Health Department; letter received June 18, 1979
3 . Milliken Fire Protection District; letter received June 18, 1979
4 . West Greeley Soil Conservation District; letter received
June 14, 1979
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Tomas Mondragon
CUP-51 :79 :8
PLANNING STAFF RECOMMENDATION
July 3, 1979
The Department of Planning Services staff recommendation for approval
is conditional upon the following:
1. The area used for the storage of firewood shall be fenced
with a solid wooden fence at least 6 feet in height. The
Conditional Use Permit plat shall be amended to -define the
area intended to be used for the firewood storage. A note
on the plat shall indicate the location, type and height
of the fencing. The Conditional Use Permit plat 'shall be
amended and submitted to the Department of Planning Services
staff office prior to scheduling this case before the Board.
of County 'Commissioners.
2 . The attached Development Standards being recommended and
approved for the Conditional UserPermit.
3. No building or electrical permits shall be issued on the
Conditional Use Permit area until the Development Standards
for the Conditional Use Permit and amendments to the plat
have been 'placed on the Conditional Use Permit plat and said
plat has been delivered to the office of the Department of
Planning Services.
The importing and storage of "slab wood" could create disease
or insect infestations unless:
1. The slabs were cut from pealed or treated logs.
2. State Foresters recommendations on transportation and storage
are made,a part of the permit.
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DEPARTMENT OF PLANNING SERVICES
, PHONE (303)356-4000 EXT.404
- , 915 10TH STREET
GREELEV,COLORADO 80631
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COLORADO
June 4, 1979
Mr. Tomas Mondragon
5150 44th Avenue
Greeley, Colorado 80631
RE: Request for a Conditional Use Permit for Firewood Storage on
a parcel of land described as Lot 19, Indian Hills Subdivision,
a subdivision located in Pt. NW4, Section 35, T5N, R66W of the
6th p.m. , Weld County, Colorado
Dear Mr. Mondragon:
Your application and related materials for the request described above
are complete and in order at the present time. I have scheduled a
meeting with the Weld County Planning Commission for Tuesday, July 3 , ,
1979, at 1 :30 p.m. This meeting will take place in the County Commis-
sioners ' Hearing Room, first floor, Weld County Centennial Center, ti
915 10th Street, Greeley, Colorado. It is recommended that you and/or
a representative be in attendance to answer any questions the Planning
Commission might have with respect to your application.
It is the policy of Weld County to refer an application of this nature
to any town or municipality lying within three miles of the property
in question or if the property under consideration is located within
the comprehensive planning area of a town or .municipality. Therefore,
our office has forwarded a copy of the sumitted materials to the
Greeley Planning Commission for their review and comments. According
to our records, the Greeley Planning Commission should review and
comment on your application June 26, 1979. Please contact Mr. John
Given for further details regarding the exact time, date and place
of the Greeley 'Planning Commission meeting at 353-6123 , Extension 242.
It is recommended that you and/or a representative be in attendance
at the Greeley Planning Commission meeting.
Mr. Tomas Mondragon
Page 2-
June 4, 1979
If you have any questions concerning this matter, please feel free to
contact me.
Respectfully,
� j
Q \uA
Chuck Cunliffe
Assistant Zoning Administrator
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CASE NUMBER: CUP 51 '- 79 '. t •
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APPLICANT: Tovwts Vu as,. r- csri (51%6 retire- c.f.
LEGAL DESCRIPTION: P $e 35- r sty 2 G Lc)
LOCATION: of and adjacent to Weld County Road -5—) 5—o p-( -o-c anninifiteltatiaggai.
N A(Agricultural) N
E A(Agricultural)- E q" / gcs ,tc (
S A(Agricultural) S A� /A...)
W A(Agricultural) W , / pe5t ,,cz-,/
COMMENTS:
•
•
Julie A. Chester,' Current Planner
•
•
•
•
•
FIELD CHECK
FILING NUMBER: S DATE OF INSPECTION: t Sill
NAME: 70WI&S mitlayer, 1
REQUEST: COa Sao z.9
LEGAL DESCRIPTION: � tracer k1`S SlAbil •
LAND USE: N NortuAktatt •
E YeSaigmhesa..
s qY ,ct.A.I Laic
{9 1 t k,; N 'r es &vsa—)
I /� ZONING: N y ct�,l ►xct~,
LOCATION: 5 4o 4 4k ' E ''
er , ex(e-e1 Co - S . ,,
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COMMENTS:A01/4 -sty Ow.e51.- r®.qe.. awe. e S-\
SP-NA r 4A �.,S['.\\&.e \ u�ec.Cn�1�e,S v, a-
e ,s\ay \t-No Ana .. C tart t P ` a n.Ar S
it, Cr �h� + t ,t � �ll.c(�ewmov lr 1CV�p`� kV%5CLIA bh Ja cam• ?vvrir� 1O %cwt .
16;eikrOlk \‘ dist\ S‘CP(PA Ov% tratt,Avv
BY:
CA
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To: Chuck Cunliffe
From: Bob Lowenbach
goo B J 7067
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PONDITIONAL USE PERMIT •
FLOW SHEET
T y '
APPLICANT: i ct P&ems Mom&mayrs CASE - S
L � u"P s���w t
. REQUEST: ®®S4rr e. •``®c C;Vertq ..mei
LEGAL: �� 1-1 •Z161 1AW As JU1 1� , �a1 4' 5RG is r na %wow
LOCATION: S`5® '44'S ' th tt DATE BY .
Application Received �►V
� 11� C.a.e.
Application Fee —Receipt # 10531 � /11 Qs&
Recording Fee ®114• t./1 1i 0
III
Cs
Application Complete bit1'9 P.C. Hearing Date: . �� 3 ) GP/1 CA
j�
Letter to Applicant Drafted (o/1 1e `a`/
Referrals Listed (0/1111
/) l CMOS
Field Check by D.P.S . Staff (0/t)-1.1
0-042.0
File Assembled \\S,:���
Referrals Mailed `\O\\��� •D
.Chaindexed
Notification of Applicant
Surrounding 'Property Property Owners Researched Lo-to- -1 I 0
Airphoto/Vicinity Map. Prepared (0:- l0- lq
Property Owners Notified by: JUAN,, 11I tiinik�S
Agendas Mailed by: :Sun, 25 1i 1e' /�
Legal Approved by County Attorney (0/4-1-11 TocL
Referrals Complete .
Preliminary D.P:S. Staff. Comments
Staff Conference - -
D.P.S. Comments 2
P.C. Hearing Action:
P.C. Resolution
Case Sent to Clerk to Board
C.C. Hearing\\. Action etA
C.C. Resolution Received
History Card Complete -
C:C. Resolution Sent to Drafting
Drafted on Mylar -8o
Document Sent to Clerk and Recorder
P.C. Minutes
1.
CL1L,ITIONAL USE PERMIT APPLIC, ;2ON
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext. 404
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : 15 1q Case Number: CUp Cj1 :1q
Recording Fee : App . Checked by :
Receipt No . :
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only , except for necessanyysignatures .
I , (we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use
Permit is proposed : /
101— /9 �NcI1' M Pt//S .'e,t,hd ruts /0 )/ i h A/14/74 3S`-
TSN - f? l� c1J/
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA:
STREET LOCATION : t / sp al/ Jo e`\ ZONE :
PROPOSED USE : ,$'/ar� Q o �' 1;re 69oo& it friI/�Lrh9 QcL.
/
REASON :
FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE :NAME : Hans Il /Vlonc)ra3c nr) ADDRESS : 4 /co UGI f'(ve TEL : 353 -520/
NAME : ,��,1,ca2/t4 „4 0 r,,� ADDRESS : r TEL :
NAME : ADDRESS : TEL : _
I hereby depose and state under the penalties of perjury that all state-
ments , 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)
Signature . w er A prized Agent
Subscribed and sworn to before me this <g)/ day of /2/ y , 19fl
O
SEAL
-,% c .
Notary ublic
Pty: c mmi s ion- expires : 4/372
t
.17
BRADFORD PUBLISHING CO.. DCNVCR RECORD OF PROCEEDINGS
Planning Commission Page 5 June 12 , 1979
access is from two points on 59th Avenue. The PUD covenants will
insure landscaping and other standards according to City of Greeley
codes and will define this as the only use for the entire parcel .
Future development of this site would require an amendment to this
unit development plan. Staff is requesting that access to 59th
Avenue be from perpendicular driveways and that land be dedicated
for both 59th Avenue and 10th Street. Staff is recommending approval
of the proposed amendment to the PUD.
Commissioner Brown asked what analysis is used to determine whether
septic sewer or City sewer service will be used. Mr. Given noted
that City sewer service isn' t available at this time to this property.
Mr. Penton noted that extensive berming and contouring will be done
and he felt that the proposed use would blend well into the area.
Commissioner Cummins asked if signalization is planned for
the intersection. Mr. Given replied that there is none planned
at this time. He explained that any additional uses developed
on the property would use the same points of access .
Commissioner Brown made a motion to recommend approval of the
requested PUD amendment , expressing concern for the high volume
of traffic in the area and noting that driveways should be constructed
perpendicular to 59th Avenue. Commissioner Cummins seconded the
motion. Vote was taken and the motion carried unanimously.
IX. WELD COUNTY REFERRAL: RECORDED EXEMPTION
LOCATION: 47th Avenue south of U. S. 34 Bypass
Mr. Given explained that this is a request by Dan Wheeler concerning
property located on 47th Avenue , an arterial . The request is to
split a 1. 2 acre parcel from a 150 acre piece of ground to provide
for a second residence which was recently moved onto the property
but is no longer needed as part of the farm property. This property
is suggested in the Comprehensive Plan for residential development
provided the development complies with City regulations . Staff' s
greatest concern is with compliance to the Subdivision Regulations
which restrict lots platted on an arterial street. This can cause
problems in terms of development of the remainder of the land to the
rear of the property. On that basis , staff is recommending denial
of the requested recorded exemption.
Dan Wheeler noted that he was aware of the problems, but there are
two existing residences built in the same way along 47th Avenue .
Commissioner Roeth asked if there is presently a house on the
property. Mr. Wheeler noted that there is . Commissioner Brown asked
if this situation comes about because of the State ' s minimum lot
size requirements for farm tracts . Mr . Sasaki replied that it does .
The recorded exemption process was developed to allow for some
special exceptions , but this process is being used more and more
often and not for the reasons it was originally intended. Mr.
Wheeler noted that the house is already on the property and can be
there legally for as long as it continues to be part of a single
farm unit.
Commissioner Cummins made a motion to recommend denial of the requested
recorded exemption. Commissioner Brown seconded the motion. Vote
was taken and the motion carried unanimously.
iX.- ) WELD COUNTY REFERRAL: CONDITIONAL USE PERMIT
- LOCATION: 5144 44th Avenue
Mr. Given explained that this permit is being requested for property
in the Indian Hills Subdivision, which is located in the area above
the bluffs of the Big Thompson River. The request is to allow
storage of fire wood for commercial purposes in a residential area.
A�J
AD PUBLISHING CO oc,4VEa RECORD OF PROCEEDINGS
Planning Commission Page 6 June 12, 1979
Appropriate comments would be those that would apply if the property
were located within the City. The City would not allow this use
in a City of Greeley residential district and he therefore recom-
mended against it. Commissioner Cummins questioned the type of
development Indian Hills is . Mr. Given replied that it is an
isolated subdivision in the 2010 growth ring .
Commissioner Cummins made a motion to recommend denial of the request.
Commissioner Roeth seconded the motion. Vote was taken and the
motion carried unanimously.
XI. CONSIDERATION OF AMENDMENTS TO THE GREELEY ZONING CODE TO
PROVIDE FOR FLOOD PLAIN MANAGEMENT
Mr. Powers told the Commission that he was present to discuss
proposed changes to codes regarding flood plain management. The
implementation of this program takes various forms including
design standards. Previously the public could not purchase sub-
sidized flood plain insurance. In 1974 under the emergency phase,
flood insurance was made available . In 1962 a flood plain map
was adopted by the City and in 1966 this was adopted into the Zoning
Code. In 1974 the City Council adopted a resolution which regulated
construction in the flood plain area. The information used at that
time was the Corps of Engineers ' report. Under the regular program
of the Federal Insurance Administration, the community enters into
a phase with a more detailed study. The FIA contracts with a local
engineering firm to do this study. Under this regular program,
full coverage of structures in the flood plain is available. Eleva-
tion or special construction will be required in the flood plain
area. Amendments will be made to both the Zoning Code and the
Subdivision Regulations .
The Zoning Code has already established a conservation district,
so no substantial changes are proposed to either of the documents.
The flood way area would be zoned Conservation District (CD) . The
CD zone is an area where essentially only development which wouldn' t
increase flood heights can occur. The uses allowed in the area would
be agricultural and private or public recreational uses . Uses by
review would include mineral extraction and holding ponds . Adjacent
to this land on either side of the flood way is a flood fringe ,
where the zoning would remain the same as it is at present, although
additional development standards would be imposed on the area.
The changes to the subdivision regulations are to assure that
utilities are located to minimize flood damage and to insure that
streets and bridges are constructed to pass a 100 year storm and
also so that no changes would occur in the channel.
There would be a flood fringe permit process , which ties into
issuance of a building permit, required for development in the
flood fringe . This requirement would also apply to any structures
which were substantially rehabilitated. Mobile homes existing in
the area, when replaced, would have to meet tie down requirements .
The CD zoning would exempt any structure from being built although
currently there are a variety of uses existing in the area.
Commissioner Keirnes questioned the process for obtaining a permit
II in the flood plain area. Mr. Powers explained that it is basically
the same as the present process for a building permit except that
development standards for buildings and site improvements are
expanded and more clearly specified than under the 1974 resolutions .
Commissioner Keirnes asked if this would have any affect on the
redevelopment proposed for the North Greeley area. Mr. Sasaki
replied that it would not. Commissioner Keirnes asked if there
would be any problems with implementation of the program as far as
D
Ck
. t I- .
Pest and Weed Control i
. I • ARTICLE 4
Pest Control
- -
Editor's note: The office of state entomologist was abolished by L. 49. p. 197. § IS; and
__ _ the duties of the state entomologist were transferred to the department of agriculture to he ndmin- t
istered by the commissioner under L.49.p. 193.§9. l ---- ._..—.—_._
_.__. _ _ 35-4-1111. Short title. . - 35.4-1119. Disposal of pest-ridden material. 4
35-4-102. . Definitions. - -
35-4-1 10. Quarantines. --- -
35-4-1IU. Administration. -
- - - 15-4-11)4. County pest inspectors. Emergency inspection — remedial '
measures. - ---
. 35-3-105. Compensation. -35.4.1116. Examination of appointees. 35-4-112. Right of entry. r I
—'- - - 35-4.1117. Inspections—treatment —collec- 35-4-113. Federal agreements.
Lion of costs. 35-4-114. Penalties. ( - -
____- - 35-4-lox. Unlawful to transport pests. 35-4-115. Reports.
35.4-101. Short title. This article shall he known and may he cited as the
"Pest Control Act". I _.
Source: I.. 37. p. 643. § 2; CSA, C. 80. § 44; CRS 53. § 6-10-I: C.R.S. _
1963. § 6-10-I. 4 . .
35-4-102. Definitions. As used in this article, unless the context•otherwise
___ requires: -
t -(I) "Board of county commissioners" means the public officials duly .._-
elected to that public office or their designated agents.
(2) "Commissioner" means the commissioner of agriculture or his desig- -- - -
nated agents.
-- (3) "County pest inspector" means any qualified employee of a board - . -
.of county commissioners employed under this article.
- - - • (4) "Insect pests" means any of the small invertebrate animals in the . _
phylum arthropoda which are injurious to plants and animals.
(5) "Person" means any individual, partnership, association, corporation, '
• - or organised group of persons. whether incorporated or not. -
(6) "Pests" means insect pests and animal pests, except rodents,
jackrabbits. and predatory animals, and includes plant diseases. -
• (7) "Plant diseases" means the pathological condition in plants caused
--- - - by fungi. bacteria, viruses. nematodes. mycoplasmas. or parasitic seed plants.
• (8) "State pest inspector" means any licensed employee of the depart- .
- ment of agriculture employed under this article. s. _
Source: Amended; L. 78. p. 455. § I.
35.4-103. Administration, The department of agriculture shall administer
__T__ . . this article and shall have full authority for the proper enforcement thereof
by state pest inspectors. A board of county commissioners shall concurrently •
administer this article and shall have full authority for the proper enforcement
'thereof by county pest inspectors employed by said hoard of county commis-
sioners. A board of county commissioners may request a state pest inspector
to perform the duties of a county pest inspector. Such request shall he made - -
to the department of agriculture and shall be at the discretion of the board
• of county commissioners. .
Source: Amended. L. 78, p. 456. § 2..
-
_-- _ . 35-4-104. County pest inspectors. The persons who may he employed
under this article, aside from employees of the department of agriculture.
shall be county pest inspectors and their deputies. who shall he appointed
by the hoard of county commissioners of the county where they are to serve
and receive their pay. The hoard of county commissioners of any county
when petitioned by not less than fifty landowners of the county shall appoint
a county pest inspector at its next regular-hoard meeting.
i . Source: L. 37. p. 644. § 6; CSA. C. 80. § 48; CRS 53. § 6-10-4: C.R.S.
1963. § 6-10-4.
• 35.4.105. Compensation. Al countypest inspector shall receive such
_- compensation as may-he fixed by the board of county commissioners hiring
such county pest inspector. The board of county commissioners shall provide .
• for reimbursement of the county pest inspector for actual expenses incurred .
in carrying out the provisions of this article. -
Source: R & RE, L. 78, p. 456, § 3. .
- 35-4-106. Examination of appointees. It is the duty of the department of
agriculture to examine all applicants for the positions of state pest inspectors. ,
and. if found competent and fully qualified to perform the duties of.the _ ,
1 , office.-the department shall issue to such applicants a license as state pest
-II,ti I -
I 35-4-107 &_ Agriculture 82
1. inspector. It is the duty of a hoard of county commissioners to examine all
applicants for the positions of county pest inspectors, and. if found compe-
tent and fully qualified to perform the duties of the office. the board shall
issue to such applicants a license as county peel inspector. No person shall
yact as state pest inspector or county pest inspector unless he holds such li-
' cense. which shall certify to the competency of the applicant and shall author- __ _ __ ___
P —
ize him to act as state pest inspector or county pest inspector for a period . .
of two years from dale, but no person engaged in,the nursery. arhorisl. or
tree care business. either as owner, agent: employee, or salesman, shall he -"— " — —
i.
eligible for these positions.
Source: Amended. L. 78,p. 456.'§ 4. — —
- -- - ------- 35-4-107. Inspections - treatment - collection of costs. (I) Any landowner - --- -
ti may file a written complaint with a hoard of county commissioners alleging
- probable injury by any infestation or infection of pests, indicating the location ___.,.
"`� of such area. Upon the filing of such written complaint. the owner of the
. property alleged to he infested or infected shall receive written notice by _. _
certified mail of such written complaint from the hoard of county commis-
___ - _ __ sioners. After ten days from the date of mailing. state or county pest inspec- '
tors shall have the right of entry to inspect, when necessary to enforce the - -" _.__" -"-_. -___— -
provisions of this section. orchards, farm and garden crops, timber. and any
other premises or objects to determine if any of them are infested or infected -
with pests which may he disseminated to the injury of others and-shall devise
C. '-- means for control of such pests when possible. If-such pests are found. the _ . - __ __ . . _ -_
owner shall receive written notice by certified mail of infestation or,infection .
' -------. --- from the state or county pest inspectors pursuant to section 24-4-105 (3). __
`e C.R.S. 1973. Such written notice shall order the owner to destroy the pests
__-___- __".".__ concerned under the direction of. and to the satisfaction of. the state or 1 county pest inspector and within a reasonable period of lime specified by —
. the state or county pest inspector. Such notice shall further state that unless
), the pests are destroyed within the time period specified in the notice.. the - ------ -•---- -
state or county pest inspector will destroy the pests or articles on which they
.1 -- - -"-- are found. If the owner disputes the finding of infestation or infection by ----
n: a state pest inspector, he may request a hearing on that issue hefore the
® -- - -- =- commissioner within ten days after receiving notice of infestation or infec-
tion. If the owner disputes the finding of infestation or infection by a county
pest inspector., he may request a hearing on that issue before the board of
county commissioners of that county within ten-days after receiving notice
__ _ — -
of infestation' or infection. Said hearing shall he conducted pursuant to
tit section 24-4-105, C.R.S. 1973, and any owner requesting such a hearing shall
not be required to destroy such pests-pending the outcome of the hearing.
' 4,.--,L----'
�- -- - If the commissioner or hoard of county commissioners conducting the hearing _ . . _-_ ___ _— - _
finds there is infestation or infection as alleged in the written notice, it shall
— order appropriate relief. 'Any relief ordered pursuant to this article shall he -_
. at the expense of the owner. but the cost to any one owner of property
involved shall not exceed five hundred dollars annually.
(2) When necessary to enforce the provisions of this article, a state or
county pest inspector. after notice of infestation or infection to' the owner.
-- pursuant to subsection (I) of this section, shall spray. fumigate. disinfect, - - --- - - -- -
cut, or otherwise treat trees, shrubbery, potatoes, plants, buildings. or other •
•
83 Pest Control
6U�
yJ property. Such treatment shall not' be commenced by a state or county pest
i inspector pending the outcome of any hearing requested pursuant to suhscc-
--"" thin (I) of this section. Upon the completion of such work a statement of .._" ______
. the cost- and expense thereof. s%ith a description of the property upon which
-- --- - - such work was done. shall be filed with the board of county commissioners. __ _._ _ _
who shall pay same without unnecessary delay.
(3) Upon payment by the hoard of county commissioners of any such
•
-; cost an'd expense. it shall make demand in writing upon such owner. in person
or by mail addressed to him at his last known place of restd,ence. for rcim-
.... bursement to the county for the amount of such cost and expense. Such writ- ----, -- -
ten notice shall inform such owner that he may appear before the hoard of
"-" "--" " - - ' county commissioners at any meeting thereof, as fixed by law, to he held - _
- within the following four months. and he heard as to the amount of such
t—,---- • - claims. If the claim. as originally demanded by the hoard or as adjusted upon — -- - --
• such hearing. is not paid at the end of such period. the hoard shall certify
such claim to the county treasurer who shall add the amount thereof to any
taxes due. or to become due, from the owner. and- if not paid in due course. -
the same shall. be collected by the county treasurer as delinquent taxes. All
such accounts when collected shall he paid into the general fund of the . • - -- -
county.
• (4) If the hoard of county commissioners finds that infestation or infec-
tion is a result of or can he attributed to an infestation or infection on land
- . owned by any federal state. or local governmental unit which has not been - _ -
'treated or is not under control, the landowner shall not be charged for any
- relief ordered pursuant to this section. _
Source: Amended, L. 78, p. 457, § 5. •
._�__-
.
v •
r
. 35.4-198: Unlawful to transport pests. It shall he unlawful for any person.
by any means whatsoever, to knowingly transport. into or in Colorado. live
pests which may he injuriousTo agriculture or horticulture in this slate.
except for scientific purposes, without permission from the department of
agriculture.
•
•
Source: L. 37..p. 647. § 10: CSA. C. 80. § 52; CRS 53, § 6-10-8: C.R.S.
1963. § 6-10-8. ,
.Am. Jur. See 3 Am. Jur.2d. Agriculture.
C.J.S. See 3 C.J.S.. Agriculture. § § 311. - -•
---
------- - 35-4-1119. Emergency disposal of pest-ridden material. Any shipment of any -- __-- --
• plant material in.or into Colorado when found or deemed probable to carry
_ -. . pests by a slate pest inspector may he placed in isolation or quarantine by - _
the department of agriculture and shall he completely tinder its control. The
owner or bailee Shall abate such pests as directed by and to the satisfaction •
' of the department of agriculture or remove such shipnient from the state
within forty-eight hours. Articles not removed from the slateas ordered shall '
• he destroyed by the state pest inspector after forty-eight hours with no • ---
recompense therefor' to the owner. Any.owner or bailee claiming that his
- -- -- shipment of plant material was destroyed or ordered removed.from the state •
by-a state pest inspector without reasonable justification may request a hear- • .
— ing on that issue before the commissioner within ten days after such destruc- _ _
Lion or order of removal. If it is determined that a shipment of plant material
• was destroyed or ordered removed from the state by.a state pest inspector
without reasonable justification and that said state pest inspector acted in. • - —
an arbitrary and capricious manner. the department of agriculture shall reim-.
horse such owner or bailee for any losses suffered. - ----
Source: Amended, L. 78. p. 458, § 6: _
•
•
• 35-4-110 Agriculture 328
•
35-4-110. Quarantines. Whenever the department of agriculture in its
investigations finds any portion of.the state to he affected with serious pests - - —and in its judgment farm products. domestic animals, or other objects from
— — - ` the district affected would he liable to spread the pests into other sections. _ _ • _ - .-._ _ -_ _ .
Ito the injury of others, the department may declare a quarantine against such
— section to prevent the transfer of carriers of such pests from the quarantined
area. Whenever it is ascertained that pests are likely to he introduced into
____ . _ _. Colorado by the importation of farm products. farm animals. or other object,
the department of agriculture may declare a quarantine-against the importa•
lion into Colorado of such pest carriers. Quarantines promulgated by the
- - department of agriculture shall have the full force and effect of law. and - -- --
violations thereof shall he subject to the same penalties as are violations of
- - this article. •
•
•
Source: L. 37, p. 647. § 1?; CSA. C.-80. §54: CRS 53. § 6-10-10: C.R.S, .
• 1963. § 6-10:10.
-�-- ' -- Am. Jun See 3 Am. Jur.2d. Agriculture.- "
§40. •
-. .. C.J.S. See 3 C.J.S.. Agricultre. § § 2. 30.
L
1
II
!I • 35-4-111. , Inspections - cerlific:des - remedial measures. Should any owner
or bailee request an inspection of crops. plant material, or other articles Le; — — — -
1 premises for pests, the department of agriculture shall provide such inspcc-
3 — -
lion and issue a certificate setting forth the facts of said inspection and shall
—_ charge the owner or bailee adequate fees to cover the cost of such inspections —
and certificates:The dcp:artmcnt of agriculture has authority to impound and
. prohibit.movement. sale, or disposal of such crops, plant material, or other -- - - - ------- -- -
articles until such fees arc paid. The relea'e of such crops. plant material,
'
or other articles shall also be dependent on meeting all inspection require-
----- - -- ments.
Source: Amended. L. 78. p. 459, § 7. • '
•
it 35-4-112. Right of entry. Except as provided in section 35.4-1(17, state or _
— -- county • . . .
Spest inspectors employed under this article, together with such help_
as they may need in the prosecution of their work, arc authorized, during •
reasonable business hours, to enter upon or into any premises, land, build-
ings. or other places of business for the purpose of carrying out the provi-
sions of this article.
ii
Source: Amended, L. 78. p. 459, § 8•
_---_ -- _� 35-4-113. Federal agreehienls. The department of agriculture or the board - ----� --- -- -
- of county commissioners of any county which employs a county pest ins pcc- —
t' for may enter into agreements with any agency of the federal government
and delegate authority to representatives thereof when such agencies or --- --- -
-- - representatives may assist in carrying out the provisions of this article.
Source: Amended, L. 78. p. 459, § 9. - - -- --__ -----—
35-4-114,. Penalties. Except for section 35.4.107, any person who violates -- — --- —
.ti� any of the provisions of this article commits a class 2 petty offense and,
„ , upon conviction thereof, shall be punished by fine of not less than twenty- -
A. —4!---
-— ------ a -
five dollars nor more than five hundred dollars. The department of agriculture
or a board of county commissioners may refer such cases to the county attor-
ney of the county in which such violation is alleged to have occurred for •
such action as may be deemed necessary. The conviction of a violation of
any of the provisions of this article shall he cause for revocation of any Ii-
,; I cense. permit, or appointment —
issued under this article.
• Source: R & RE. L. 75, p. 460, §
- 10.
•
- 35-4-115. Reports. .
•
Y. Repealed, L. 78, p. 460, § I.I, effective April 27: 1978. • ------ ___- _
•
n -- -- - - -
w - • - -- ---
'tx
May 31, 1979
•
To Whom It May Concern:
Requesting conditional use permit for the storage of fire wood on lot 19
Indian Hills Subdivision in N W 4, Section 35-T5N - R66W.
Most of the fire wood is slab type wood and requires no cutting or splitting.
This type of wood is banded in bundles of approximates cord sizes.
Materials stored at said property will be stacked at NE side of lot 19.
Traf£icwgoing in_and out of lot 19 will be 2 1Z ton trucks, the only other noise
will be a tractor used to load the bundles. Should have no need for anything else
that would make noise.
Water is not necessary since there will be no one coming to pick up wood.
All wood will be delivered from lot 19.
Sewage will not be necessary because there will be no office space or any
other type of buildings.
No odors will be present from fire wood other than a mild pine scent.
Fire wood stacked would serve as a wind break. Wood stacked as such would
not be anymore of a fire hazard than the dry weeds now around this area.
As far as air or water pollution, there can be none with fire wood.
Tomas R. Mondragon1
5150 44th Avenue
Greeley, CO 80631
REFERRAL LIST
z • APPLICANT Tomas -Mondragpn
H
z , CASE & . 'CUP=51:79 : 8 '
. REFERRALS SENT OUT ON: June 4 , 1979
CI) o
REFERRALS TO BE RECEIVED BY June 19, 1979
o W
June 27, 1979 (City of Greel—
o
W H
In W cn
71
O H • W'
Z0 24 M Z0
REFERRALS RECEIVED
X r47 JUN 4 1979 County Attorney
!r, X ''A JUN 18 1979 County Health
VP`"" i4 JUN 20 1979 County Engineer
City of Greeley Planning Commission
c/o John Given P.C. - 6/26/79
X uy7 JUN 19 1979 Greeley Planning Department
Civic Center Complex
919 7th Street
Greeley, Colorado 80631
hh JUN 14 1979 Soil Conservation Service
4302 West 9th Street Road
Greeley, Colorado 80631
JUL 31979 Jerry Kiefer
2120 Fairway Lane
Greeley, Colorado 80631
Milliken Fire Protection District
JUN 1B 1979 Attention: Bob Onorato, Secretary
X 4i JUN Box 41
Milliken, Colorado 80543
•
Sk
r
11���2oe122��c 7<.
DEPARTMENT OF PLANNING SERA
\gig �r PHONE (3031356-0000 E:
_ 3 ,NiVQ N' 91510TH E
G5 V Co
�•' GREELEY,COLORADO
6 .i ,
R eld t rissl00% t : #'
en, CASE NUMBER CUP-51: 79 : 8
COLORADO
June 4, 1979 REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Tomas Mondragon
for a Conditional Use Permit for storage of firewood
The parcel of land is described as Lot 19 , Indian Hills Subdivision -
. Pt . NW4j Section 35 , T5N, R66W
The location of the parcel of land -for which this application has been
submitted is 5150 44th Avenue, Greeley
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by June 19 1979 so that we
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
matter. 0 - IV t .
_
.
1 JUN - 41979
Assis ant 'am ng Administrato WELD Mall 1
En37neorim traPaTtmad
r9.-We hav eviewed the plans and find no conflict with our interests
Signe aa� Date 1--/F-71
Agency /
�` , 4
0
/ \ �
- DEPARTMENT OF PLANNING SEF
. PHONE )303)356-4000
' 915 10TH
f - GREELEY,COLORAD
' C • 1H CASE NUMBER CUP-51 : 79 : 8
. COLORADO d N /llE) fn,1 s<<.4L- a ro41' f
June 4-, 1979 REFERRAL
. (-,/q77
• TO WHOM, IT MAY CONCERN: .
Enclosed is an application from Tomas Mondragon
for a Conditional Use Permit for storage- of firewood
The parcel of land is- described as -Lot 19 , Indian Hills Subdivision -
. Pt . NWl, Section 35 , T5N, R66W
The location of the parcel of land for which this application has been
- submitted is 5150 44th Avenue, Greeley
This item is submitted to your office for review- and recommendations .
Any comments or recommendations you consider relevant• to this item
would be appreciated. If you find no conflicts with your interests ,
- we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. - We would like
to receive your comments by June 19 1979 'so that we,
pan complete our review before the scheduled Planning Commission
meeting. Thank you very much .for your help and cooperation in this .
matter. �- 202122��4
SP ren
Assis ant Zon ng Administrato R��, govt V
td� va ti
ga, Naam+��° y'
- - `W have reviewe the lans and find no con § b�� ur interest;
Signed . kJ- ' Date o/ 1317.y
Agency Weld 0Th. - ea. Ilk -
apPli - o
DEPARTMENT OF PLANNING SERVICE
PHONE (303)356-0000 EXT.4
915 10TH STREi
GREELEY,CO LORADO 806:
'4 CASE NUMBER CUP-51: 79 : 8
COLORADO
June 4 , 1979 REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Tomas Mondragon
for a Conditional Use Permit for storage of firewood
The parcel of land is described as ,Lot 19, Indian Hills Subdivision - .
. Pt . NWij Section 35 , T5N, R66W
The location of the parcel of land for which this application has been
' submitted is 5150 44th Avenue Greeley
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by June 19, 1979 so thatwe
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
S
•
Assist Zon ngAstrato n'Wehave reviewed the plans and find no confinterests.
Signed / j/ S 6Li`�� <<p?t' Date 6-/9-77
at--
Agency Afi/it F" /'ra; -. rq
Is , r L! awl . , r la.l , :iJ`t�`�ST^j14s: ' ' l ," .
I' y I\ 9
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GREELEY CIVIC CENTER
GREELEY. COLORADO 80631
PHONE (303, 353.6123
June 18 , 1979
Chuck Cunl.iffe
Weld Department of Planning Services
915 Tenth Street
Greeley, CO 80631
Dear Chuck:
Re : Mondragon Conditional Use Permit, Fire Wood
On June 12, 1979 , the Greeley Planning Commission
recommended denial of the requested conditional use
permit. The City of Greeley Zoning Code would prohibit
commercial storage in a residential district.
If I can be of further assistance, please do not hesitate
to contact me.
Sinc rely
18192
John Given
O2j��
Current Planner "s a ,p
JUN 1979
JG :ka ka ^ RECEIVED
Crf
Enclosure o Wild Cooly v
Dcf)M*C Comoissin ���,
"A COMMUNITY OF PROGRESS"
.O.
DEPARTMENT OF PLANNING SERVICE
PHONE (303)3564000 EXT.4'
915 10TH STR Et
GREELEY,COLORADO 806:
[I] Da ,�� CASE NUMBER CUP-51: 79 : 8
COLORADO
June 4 , 1979 REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Tomas Mondragon
for a Conditional Use Permit for storage of firewood
The parcel of land is described as Zot 19, Indian Hills Subdivision - .
. Pt . NW4, Section 35, T5N, R66W
The location of the parcel of land for which this application has been
submitted is 5150 44th Avenue, Greeley
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by June 19, 1979 so that we
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
matter. 91p1112134$
R)
co 40 se
Assis ant Zoning Administrate c.,3aov,, cze
LU
ti
OF6 ti4
n'Wehave reviewed the plans and find no confli≥$ ? interests.
signed ' Date —1/- 77
AO
Agency a vV J/ ,.,lv�. 9 6„.-,..e,i4 1 .4, LY,2- is .
.
0 mss'
b ? i
DEPARTMENT OF PLANNING SERVICE
R E C EIV O PHONE (303)3564000 EXT.40
C 915 10TH STREE
GREELEY,COLORADO 8063
JUN 2 '3 • :
...„ ,:
O F�,.,. ,• ; CASE NUMBER CUP-51:79 :8
• NATIONAL GF.;SS'%•'fit'
COLORADO
REFERRAL
June 4 , 1979
TO WHOM IT MAY CONCERN: '
Enclosed is an application froth Tomas Mondragon
for a Conditional Use Permit for storage of firewood • -
The parcel of land is described as Lot 19 , Indian Hills Subdivision - .
Pt . NW*, Section .35 , T5N, R66W
The location of the .parcel of land/for which this application has been
submitted is 5150 44th Avenue, Greelay
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to' this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by June 7.9 1979 so that we
can complete our review. before the scheduled Planning Commission
meeting . Thankiyou very much for your help and c operation in this
�3p31 123 u.4.::matter . . L�ti "� e
ca`1 Mk 1979 . .
' N .
M wCU nED
Assis ant Zoning Administrator `"c, ganoinggomQissloe v
l ‘-v-
'c-6/
We have reviewed the plans and find no con �91with our interests.
Signed � � . Cw '.-"A'. Date -SA.2 f 77
Agency U. S. . 0. A, 1—Or- ea I „re w( C r
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
\--,:itc. ,.;:2- : :-\I
O
COLORADO
, June 7, 1979
To Whom It May Concern :
You are receiving a copy of this notification because your name
appears as a surrounding property owner owning property. within 500
• feet of the proposed use.
The Weld County Planning Commission will review a request from
Tomas Mondragon
for Conditional Use Perinit for Storage of Firewood
on property described as follows : Lot 19 . Indian Hills Subdivision . .
Pt. NW4, Section 35 , T5N, R66W
The location of the parcel of land for which this application has
been submitted IA : 51.50 44th Avenue Gi' i Py
If you have any suggestions or objections , will you kindly notify us
in writing before " " ' June 19, 1979 . The meeting by the
Weld County Planning Commission is scheduled for " July 3 , 1979 •
This meeting will take place in the County Commissioners Hearing
Room, first floor, Weld County Centennial Center, 915 10th Street ,
I
Greeley, Colorado, at 1: 30 p.m. If you have any questions concerning
this matter, please contact the Department of Planning Services at
356-4000, Ext . 404.
•
•
v`i`m ''
As tan Zoning' dministrato
' nn. .,....., n (107,70 _'
June 12, 1979 '
"
Department of Planning. Services
915 10th Street . .
Greeley, Colorado 89631 • .
Dear Mr. -Cunliffe,:
• We received your letter concerning Thoman Mondragon's '
Conditional Use Permit for-Storage of Firewood. My.,
- husband is not home; he is a truck driver and is only
• home once a. month. Mr. Mondragon talked to him a
while 'back and my husband told him how he felt;about
it. He told-him how bad his' property looks right
. now with piles of wood, lumber, oid. cars=and trucks, -
and ,all 'kinds of stuff.
H .
Mr. Mondragon said it couldn't look worse than it .
does now, but the- way it looks right now our property
value will go down. We- got a beautiful view, and, I
know that it is his property, but it makes ours look
bad too. ,
Besides I can't give my consent knowing how my husband
• feels. I also can't be at the hearing because We'll -
be on vacation for the holiday. If you lived next.
door to the Mondragons and saw his property you
probably wouldn't sign either. ,
Sincerely yours, - _ -
Mrs. John De La Rosa .
MD: jjd -66-0-4-
��,�p111a314is�6� /� O(o�/ .
JUN' 1978 • G...°... �o
in RECEIVED .
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CUP-51 :79 :8
Tomas Mondragon
SURROUNDING PROPERTY OWNERS
June 7 , 1979
John and Marl :Del La Rosa
4235 54th Street Road
Greeley, CO 80631
David and Deborah Miller
422154th Street Road
Greeley, CO 80631
William and Jana Price
5151 44th Avenue
Greeley, CO 80631
Joe and Rose Padilla
c/o United Bank of LaSalle
P. 0. Box 128 ;
LaSalle, CO 80645
Henry Markus
c/o George Alps
Route 3 Box 325
Longmont, CO 80501
Stanley and Peggy Campbell
614 35th Street
Evans , CO 80620
Lloyd Rumsey
Route 2 Box 101
LaSalle, CO 80645
Robert and Carleene Lehmann
23093 Oh Kay Road
Indian Hills , CO 80454
jfree
f W I •.
O^4 United States \Soil
1 � Department of Conservation
Agriculture Service
4302 W. 9th St. Road, Greeley, Co. 80631 May 8, 1979
Mr. Thomas R. Mondragon
5150 44th Avenue
Greeley, Colorado 80631
This is in answer to your request for soil and site information for lot 19,
Indian Hills Subdivision, located in a portion of the NW's of Section 35,
Twp. 5N, Range 66W, for firewood and kindling storage.
Lot 19 is located in an area identified with the soil type Valent sand, 0
to 3 percent slopes (72-AB). The accompanying soil description will provide
all basic information required.
I can see no restrictions that this soil will impose on the intended land
use of firewood storage. However, this soil is highly susceptable to wind
erosion and vegetative cover is essential to decrease this potential. Any
use plans for the site should include either maintenance of existing vegeta-
tion or plans to reseed the area to establish vegetative cover.
If you have any further questions, please feel free to contact me.
Sincerely,
onald D. Miller
District Conservationist
Greeley Field Office
Enc:
cc: Weld County Planning Commission
RDM:jb
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SCS-CONK-15- , �
. S. j';DEPARTMENT OF AGRICULTURE '
:'•OCTOBER 1974- Pt. NW'1 3L,_ 146 - • .- SOIL CONSERVATION'SERVICE i L.
' . SOIL MAP 1]]'jp i.
Owner Thomas Mondragon Operator
County Weld . State Colorado I:,
Soil survey sheet(s) or code nos. YB-7DD-131: Approximate scale 4" = 1 mi., , -,
j NN Prepared by U. S. Department of:Agriculture, Soil'.Conservation Service cooperating ' g.
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•
69 -Valent sand, 0 to 3 percent slopes
This is a deep, excessively drained soil on gentle plains at elevations
of 4650 to 5100 feet. It formed- on eolian deposits.
Included in this unit are some soils with lime above 40 inches.
Typically the surface layer is brown sand about 8 inches thick. The
underlying material, to a depth of 60 inches is brown sand.
Permeability is rapid. Available water capacity is moderate. Effect-
ive rooting depth is 60 inches or more. Surface runoff is slow and
' erosion hazard is low.
This soil is suited to limited cropping; intensive cropping is hazardous
because of erosion. The cropping system should be limited. to close
; 1( grown crops such as alfalfa, wheat and barley. The soils also are
adopted to irrigated pasture. A suitable cropping system would be
alfalfa 3 to 4 years followed by corn and small grain for 2 years and
alfalfa seeded with a nurse crop.
Close grown crops may be irrigated_from closely spaced contour ditches -
or s;rinklers. Contour furrows or sprinklers should be used for new
crops. Applications of barnyard and commercial, fertilizer will help
maintain good production.
The potential vegetation on this soil is dominated by sand bluestem,
sand reedgrass, switchgrass, sideoats grama, needle and thread, little
bluestem and blue grama. Potential production ranges from 2500 pounds
per acre in favorable years to 1800 pounds per acre in unfavorable years.
Laisol •
When condition deteriorates, sand bluestem, switchgrass, sand reee '
grass', sideoats grama and little bluestem decrease and production drops.
• n
i
Sand sage increases, undesirable weeds and annual plants invade and
%,,;,/ "blowout" conditions can occur as range condition becomes poorer.
Management of vegetation on this soil should be based on taking half
and leaving half of the total annual production. Seeding
is advisable if range is in poor condition. Sand bluestem, sand reed—
grass, Indiangrass, switchgrass, sideoats grama, little bluestem and
blue grama are suitable for seeding. . Due to the wind erosion suscepti—
bility of this soil seeding• should be done with an interseeder or in a
firm, clean sorghum stubble—prepared the growing season prior to seeding—
with a grass' drill. Early spring seeding has proven most successful.
Brush management can also help improve deteriorated range. •
Windbreaks and environmental plantings are fairly well suited to this
soil. Blowing sand and available water capacity are the principle
hazards to establishing trees and shrubs. The soil is so loose that
trees need to be planted in shallow furrows and maintain vegetation
cover between the rows. Supplemental irrigation will be needed to insure
survival.. -Trees that are best-suited and have good -survival are Rocky -
Mtn. juniper, eastern redcedar, ponderosa pine and Siberian elm. Shrubs
best suited are skunkbush sumac, lilac and Siberian pea shrub .
Wildlife is an important secondary use, with these soils best suited for
openland and rangeland wildlife. In cropland areas, habitat favorable
for ring-necked pheasants, mourning doves, and many non-game species can
- be developed by establishing wildlife areas for nesting and escape cover.
For pheasants, the inclusion of undisturbed nesting cover is vital and
should be included in plans for habitat development; this is especiallyy,.-
Lari
truelin areas of intensive agriculture. Rangeland wildlife, exemplified
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by the pronghorn antelope, can be assisted and encouraged by develop-
etil
ment of livestock watering facilities, proper livestock grazing manage-
•
ment, and range reseeding where needed.
This Valent soil has a fair potential for urban development. The
primary limiting soil features are the rapid permeability and suscep-
tibility to wind erosion. Septic tank absorption fields will function
,
properly, however the proper filtering effect may not be achieved by
' the sandy substratum. Sewage lagoons would require sealing. Lawns,
shrubs and trees, for beautification, when once established will do well.
Capability subclass IVe irrigated
VIe nonirrigated
Deep sand range site
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IMPROVEMENT LOCATION CER`TXTICATE
Lot 19, INDIAN HILLS ,
a subdivision of a part of the .
— — PezopEa'ry I_,tiE NW I, Section 35, Township 5 North,
x x x ra�.Ct I_,tie Range 66 West of the 6th Principal
e-A,E. ..,r 30,),)0A0y Meridian, Weld County, Colorado
x /J .,75- 14. Oo C
"3 . x.--- x ___ 31/o. Z.
= — x x x
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1 It I C ou•sr.re 2o,o (60' re.o.W.> _ _
scale drawn; date address file #
•
l"= 5o. OW 5.14.79 51 So 44 - RVe....n„a ) G2ae-te,y , CO 79-00- 101
CERTIFICATE:
I hereby certify: that this improvement location certificate was prepared
for F.nre, -c-,,,.,A, 2. I-n�, ,n._,.r,-,,D , the improvement location
being based on p, „ fin) ,A,) An_l_S S„(.fi 2.- 12. 64 ,
__ - 'nd that it is not to be relied upon for the establishment of fence,
building, or other future improvement lines. -
I further certify that the improvements on the above described parcel' 'on
this date mny 1.1 - my , except utility connections , are entirely
within the boundaries of-the parcel, except as shown, that there are no
encroachments upon the described premises by improvements on any adjoin-
ing premises , except as indicated, and that there is no evidence or sign
of any easement ,crossingor burdening any part of said parcel, except as
noted.
Mueller - Wood & Assoc . , inc. .00 E.
Land Surveying and Engineering P .••°°°••WO
330 N. Lincoln Avenue p°c���srER�o•00
Loveland, CO 80537 ;
41; 13560 9 .
by ' \e.,;:_,- , ( 1- 1.,.,- .Cy eo•
date ‘.qp iy 19 -)01 dfgkt°Suev��%0
OF C01.� '-
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FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
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