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Home My WebLink About790512 THIS FILE HAS BEEN RECREATED WITH COPIES FROM TYLER . ORIGINAL FILE IS MISSING . RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR A SWINE FARROWING AND FINISHING OPERATION FOR VIRGIL OTTINGER, ROUTE 2 BOX 527 , EATON, COLORADO 80615 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board Of County Commissioners of Weld County, Colorado held a public hearing on the 18th day of July, 1979 at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the application of Virgil Ottinger, Route 2 Box 527, Eaton, Colorado 80615, for the granting of a Special Use Permit for a swine farrowing and finishing operation on the following described real estate, to-wit: A parcel of land located in the South Half of Section 22, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly de- scribed as follows : 'Beginning at the Southwest Corner of said Section 22 and considering the South line of said Section 22 as bearing North 89°19 ' 59" East, with all other bearings contained herein relative thereto; Thence North 89 °19 ' 59" East, along said South line, 2780. 32 feet to the True Point of Be- ginning: Thence North 00°00 ' 00" East, 750. 00 feet; Thence North 90°00 ' 00" West, 361. 00 feet; Thence North 03°43' 06" West,. 576. 16 feet; Thence South 89°58' 45" East, 398. 37 feet; Thence North 00°00 ' 00" East, 1264. 20 feet; Thence North 89°47 ' 08" East, 1188 . 61 feet; Thence South 00°12 ' 37" West, 2579. 74 feet to a point on the South line of said Sec- tion 22; Thence South 89°19 ' 59" West, along said South line, 1179. 21 feet to the True Point of Beginning; Said described parcel of land contains 75. 247 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. WHEREAS, the petitioner was present, and WHEREAS., evidence was presented in support of the grant of the Special Use Permit for a swine farrowing and finishing operation on the abovedescribed real estate, and 790512 // %') Pti f WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural Zone District upon approval by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for a swine farrowing and finishing operation on the hereinabove described real estate, conforms to the purposes of Section 3. 3 (E) (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 the petitioner for a Special Use Permit for a swine farrowing and finishing operation on the hereinabove described tract of land be, and hereby is, granted subject to the development standards contained in the Special Use Permit. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated June 5, 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 18th day of July, A.D. , 1979. �" 1 /J �l€4A -,t- 'w BOARD OF COUNTY, COMMISSIONERS ATTEST: �� 11 fejnn,,,i'f" (nOitC,t�y�/ COUNTY, COLORADO Weld County Clerk and Recorder ( ice--- and erk to the Boa • - By: D:putt' County !E: '-rk P V AS TOFORM- County Attorney DATE PRESENTED: JULY 23, 1979 r„� '"1 A public 'hearing was conducted on July 18 , 1979 at 2 : 00 P . M. , with the following present : • NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER • JUNE STEINMARK COMMISSIONER Also present: • ACTING CLERK TO THE BOARD , JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY , R. RUSSELL ANSON \. PLANNING DEPARTMENT REPRESENTATIVE , TOM BONN • The following business was transacted: I hereby certify that pursuant to a notice dated June 11, 1979, duly published June 14 , 1979 and July 5 , 1979 in the Platteville Herald a public hearing was held on the request of Virgil Ottinger for a Special Use Permit for a swine farrowing and finishing operation. Mr. Ottinger was present for the hearing and reviewed his plans. The Planning Commission recommended that this request be approved with development standards. Mr. Ottinger agreed with the development standards. Commissioner Kirby made a motion to approve the request for a Special Use Permit with development standards . Commissioner Dunbar seconded the motion and it carried unanimously. There was no one present in opposition to this request. • • CHAIRMAN • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Qvv � ATTEST: " ` WELD COUNTY CLERK AND RECORDER A : ERK TO THE BO • B : i /lam P L-4-FOL-. DOC'Wty County C e,rk # 79-38 TAPE # 79-80 • • LHR# /G9(J ATTENDANE R, E C O R • D APPLICANT : VIRGIL OTTrI ER ' TIME.: 00 P._M. DOCKET/I 79-3£ DATE: July 18 , 1979 REQUEST : SUP Swine Farrowing & Finishing Operation NAME .--/-IY77°„/1 r ADDRESS e/F. /Rc3 .Sa7 614 • • f • 1 .� I p 4, Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Nancy C. Johnson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and 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 published in said daily newspaper for consecutive (days) (weeks); that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper bearing date ninth day of July A.D. 19 79 • and the last publication thereof; in the issue of said newspaper bearing date the ninth day of July A.D. 1979 that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 9, 1979 Total Charges S11.31 Advertising Clerk Subscribed and sworn to before me this 9th d f July A.D. 19 79 My com i n expird0 mission xpires Feb 28, 1982 • Notary Public rmbi‘ rdS NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915. 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and maybe 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 Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor , Greeley, Colorado. APPLICANT - Virgil Ottinger DOCKET NO. - 79-38 Route 2 , Box 527 Eaton, CO 80615 DATE: July 18 , 1979 TIME: 2 : 00 P.M. REQUEST : Special Use Permit - Swine Farrowing and Finishing Operation LEGAL DESCRIPTION A parcel of land located in the South Half (S2) of Section 22 , Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows : Beginning at the Southwest Corner (SW Cor) of said Section 22 and considering the South line of said Section 22 as bearing North 89°19 ' 59" East, with all other bearings contained herein relative thereto: Thence North 89°19 ' 59" East, along said south line, 2780 . 32 feet to the True Point of Beg. ; Thence North 00°00 ' 00" East, 750 . 00 feet; Thence North 90° 00 ' 00" West, 361. 00 feet; Thence North 03°43 ' 06" West, 576. 16 feet; Thence South 89°58 ' 45" East, 398 . 37 feet; Thence North 00°00 ' 00" East, 1264. 20 feet; Thence North 89°47 ' 08" East, 1188. 61 feet; Thence South 00°12 ' 37" West, 2579. 74 feet to a point on the south line of said Section 22; Thence South 89°19 ' 59" West, along said south line, 1179 . 21 feet to the True Point of Beg. ; Said described parcel of land contains 75 . 247 acres , more or less , and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Ke.itha Hubbard, Deputy DATED: June 11, 1979 PUBLISHED: June 14, 1979 and July 5, 1979 in the Platteville Herald BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 5, 1979 Case No. SUP# 391: 79 : 13 APPLICATION OF Virgil Ottinger ADDRESS Route 2 , Box 527, Eaton, Colorado 80615 • Moved by Ben Nix 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 appli- cation for site approval of Swine Farrow. & Finish. Operat.coverieg the fo1lowimg described property in Weld County, Colorado, to-Writ: See attached with Development Standards be recommended (favorablyY(LDLUMMIP to the Board of County Commissioners for the following reasons: 1. The request agrees with the Weld County Comprehensive Plan. Said Plan states: "Expansion and development of agri-business and • agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environment . " It is the opinion of the Planning Commissionthat with the design of this operation, there is little chance for adverse impacts on the economy or surrounding environment . 2. It is the opinion of the Planning Commission that this proposed operation is in compliance with the provisions of Sections 3. 3(E) (2) and 6 . 1(4) of the Weld County Zoning Resolution. The Motion seconded by Bette Kountz Vote: For Passage Percy Hiatt Against Passage Ben Nix Abstained Chuck Carlson Fred Otis Jerry Kiefer Frank Suckla Bette Kountz The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shl.rley A. P illi 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, Color- ado, adopted on June 5, 1979 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 6 day of June , 19 79. • suN 71979 l Secretary aRE,ELE,L, cot-A. ' 1' • } i t . I t_ O 4 ti i. F ' C i_ C C O ../1U L.' C s.) `.) — U — X - C: C ;., a: v •— U a a) `r,•^ C O r v ` V to C ^ CLL I- 4- s— 4,/•, G :,, . CJ C C.• C C va. .C c. -C .. C t 4—, J Vr u O -J .-- G .•- c .O L: C V..C •-•- --.— '-o i— C C ,— ;.s -r Y r. - e r0 C: Cl `.. p U Ir.' CV O NJ J U- O C C C r N C C N O U O ys to C O `T G, s— C a.) U .c., —1 XF C T— O C C C+ re N __ p —j V) V) W O ��li\-IN rJ^ .Lf ♦r; O L7 al C •- C: L C ”- Cl..! ^;.,_, r ,r, C = L C,., V) "c O .O, ,^ 3 •-•-•w C . .. .. .. CO_ O - -•, + C =_ _ N C C) C C' J C -� C v? to OOtDi� O a- G" „ O C O - r., N 47 n - . e v ClO C LI it O . _ - U) e) • =•.- r o a— `o i r—C C C C L .-- 1 M L) in C\: r L)- Cs L>' U ._) C -C .. r.1. rG .-- N ra — T;.> O C _ U CJ — t ^, 4.) -,J 4-' .r-) .0 .. ) LI +s = c vF -J . C•' : N V1 in N N Lr1 N N V7 In C - O C: •• U) La.: Ls) W U 3 3 4— C C) Cur— V'' NOJ +•> t.O r-• .C N -.--> _ O C. r6 O 4-) = CL) CT O O.D Lfl O CC N. O1 L. O� � O C C � OOOcrOON) Ill (1) .C. ra r- -L-. ,n crl -- _C O-% OC)N) CM.^ U C c .O L O •c• '- L O O r- OrJVLn COc OS TS -0 t.- C ;, q q,. q C O :. -.- C) C O� C� r-. O,O�L`l O c-, O.O ra W .-):n > c; OO' o = CCCC) I C > t/7 •r -: -O 4-, - -C -C - ..'.'.) it U 1- C) L r0 •r f^N y 4..> L> L L, -'. V O 3 U re •- S- L S. L C = a G � � � crnc: 000cocc O Zz 2cs., ,/) 1 el — Q.! tD ,- 6L Cl. I Li ='a = C) :) C) o) Cc, a) a) Cv v; •- _ CO a R r- U U U U U J U V U -••> en re .- •'F C= C a) CU C.C-- C C C C C ^ -O C La" 51 ..C ..C .C .C C rG• C Q CC — C—^ -- -C I— i- i— I— I— I— I— I— I— VJ L O % I Virgil Ottinger SUP-391: 79 : 13 PLANNING COMMISSION RECOMMENDATION June 5, 1979 proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses , will not adversely affect the immediate area, will be compatible with the future development in the area and will provide adequate protection of the health, safety and welfare of the inhabitants of the area and the county. This determination is based upon a review of the information submitted by the applicant and the following: A. The management practices of the hog operation as outlined and controlled in the Development Standards will make this operation compatible with the surrounding area by minimizing potential adverse impacts . B. The proposal is for an agri-business in the agriculturally zoned area, with existing land uses being predominantly agricultural . C . The following referral agencies have set forth no objections to this request : 1. Weld County Engineering Department , letter dated May 22 , 1979 . 2 . Colorado Geological Survey, letter dated May 16 , 1979 3. West Greeley Soil Conservation District , letter dated May 14 , 1979 4 . Weld County Extension Service, letter received May 8 , 1979 5 . Weld County Health Department provided the applicant complies with the stipulations explained in the Health Department letter dated September 22 , 1978 . These items are included in the attached Development Standards . The Planning Commission staff recommendation for approval is conditional upon the following: 1. The attached Development Standards being recommended and approved for the Special Use Permit . 2 . No building or electrical permits for the swine operation shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat have been delivered to the office of the Department of Planning Services . W Virgil Ottinger - SUP DEVELOPMENT STANDARDS 1 . The hog farrowing and finishing operation on the hereon described parcel of land shall be limited to the facilities shown which are designed to handle a total of 18QD swine. 2 . The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion , fugitive dust , and the growth of noxious weeds . 3 . 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 sanitary disposal systems . Odors shall not exceed the 15 :1 dilution ratio at the property boundary as specified in the Colorado Air Pollution Control Commission Regulation No. 2 . 4 . Pits for wastewater retention shall be installed as per Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health , May, 1968 . The applicant shall be responsible for any additional applicable directives or guidelines issued by the Colorado Department of Health Water Pollution Control Division . 5. All accesses shall have the approval of the Weld County Engineering Department . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department . 6 . There shall be no discharge of wastes into any streams , other bodies of water, or adjacent drainage systems without obtaining a National Pollution Discharge Elimination System Permit from the Colorado Department of Health . • 7.. The Special 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 amend— ment to the Special Use . Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall he permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. f hcilDl 3 Comments : 1 . The Platte Valley Fire Protection District did not respond to the referral sent to them. 2 . Our office has received one letter from an adjacent property owner concerning this request . A copy of the letter is included in the packet . ^• ' Date : June 5, 1979 CASE NUMBER: SUP-391 : 79: 13 NAME: Virgil Ottinger REQUEST: Swine Farrowing and Finishing Operation LEGAL DESCRIPTION: Pt . Si, Section 22 , T6N, R64W LOCATION: Approximately 3/4 mile northeast of Gill THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The request agrees with the Weld County Comprehensive Plan. Said Plan states : • "Expansion and development of agri-business and agrici1tu•rally oriented industry will be encouraged, provided these enterprises do n-ot ' adversely affect the total economy or environment . " • It is the opinion of the Department of Planning Services staff that with the design of this operation, there is little -chance for adverse impacts on the economy or surrounding environment . 2 . It is the opinion of the Department of Planning Services staff that this proposed operation is in compliance with the provisions of Section 3 .3 (E)(2) and 6 . 1(4) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses, will not adversely affect the immediate area, will be compatible with the future development in the area 'and will provide adequate protection of the health, safety and welfare of the inhabitants of the area and the county. This determination is based upon a review of the information submitted by the applicant and the following : A. The management practices of the hog operation as outlined and controlled in the Development Standards will make this operation compatible with the surrounding area by minimizing potential adverse impacts . B. The proposal is for an agri-business in the agriculturally zoned area, with existing land uses being predominantly agricultural . C. The following referral agencies have set forth no objection to this request : ` Virgil Ottinger SUP-391 : 79 : 13 PLANNING STAFF RECOMMENDATION June 5 , 1979 1. Weld County Engineering Department , letter dated May 22 , 1979 2 . Colorado Geological Survey, letter dated May 16, 1979 3. West Greeley Soil Conservation District , letter dated May 14, 1979 4 . Weld County Extension Service , letter received May 8 , 1979 5 . Weld County Health Department provided the applicant complies with the stipulations explained in the Health Department letter dated September 22, 1978 . These items are included in the attached Development Standards . The Department of Planning Services staff recommendation for approval is conditional upon the following : 1. The attached Development Standards being recommended and approved for the Special Use Permit . 2 . No building or electrical permits for the swine operation shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat has been delivered to the office of the Department of Planning Services . . Y fl Virgil Ottinger — SUP DEVELOPMENT STANDARDS 1. The hog farrowing and finishing operation on the hereon described parcel of land shall he limited to the facilities shown which are designed to handle a total of 180D swine. 2 . The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust , and the growth of noxious weeds. 3. 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 sanitary disposal systems . Odors shall not exceed the 15:1 dilution ratio at the property boundary as specified in - the Colorado Air Pollution Control Commission Regulation No. 2. 4 . Pits for wastewater retention shall be installed as per Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health , May , 1968. The applicant shall be responsible for any additional applicable directives or guidelines issued by the Colorado Department of Health Water Pollution Control Division . 5. All accesses shall have the approval of the Weld County • Engineering Department . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department . 6 . There shall be no discharge of wastes into any streams, other bodies of water, or adjacent drainage systems without obtaining a National Pollution Discharge Elirhination System Permit from the Colorado Department of Health . 7.. The Special 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 amend- ment to the Special Use Permitby the Planning Commission and the 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. riN Comments : 1. The Platte Valley Fire Protection District did not respond to the referral sent to them. 2 . Our office has received one letter from an adjacent property owner concerning this request . A copy of the letter is included in the packet . P ' /1, 16 15 I ?4) , • \ I I . .1 \ '' pp- 21 2-) 23 Cc� v p, �/ / _... 1. T I //:I \28 27 -Th.6—cs - 26 • a6R2 -.• . A ?• i ...Gill I e iii 1±655 c6.= , d- -_ _ _ _ _ _ _ _ _ - - _ _ .660 .. - 71 ,o 1 � f 4648 _ _ _ _ L 1 x539, I 1 .5.,; _ _ 33 Y e • 34 • • _.. - - a6a3f a .. , , Briscoe Lake i tr. I 4631C. 4 14625' ,4652 _ e, E i FIELD CHECK - FILING NUMBER: SUP-39 DATE OF INSPECTION: 11/22/78 NAME: Virgil Ottinger REQUEST: Special Use Permit - Swine Operation LEGAL DESCRIPTION: Pt , S# Section 22, T6N, 449 LAND USE: N Agricultural E Agricultural S Agricultural j9 Agricultural ZONING: N Agricultural LOCATION:. 1/2 mile north of the E Agricultural Town of Gill s Agricultural w Agricultural COMMENTS: No improvements are located on the property at the present time. Access to the property is existing. Property has been used in the past for Agricultural production and pasture. County Road 66 is gravel surfaced land uses in the area are all predominantly agricultural uses. Closest residence is located to the southwest of this property which was Lot "A" of RE-352. The house will be approximately 1/4 mile from the hog facility. Mr. Ottinger' s son plans to build a residence on the property in addition to Mr. Ottinger building a residence. • • BY: ell,. 1 • SPECIAL USE PERMIT APPLICATION Weld County Department of Planning Services 915 - 10th Street Greeley , Colorado 80631 PHONE : 356-4000 Ext . 404 • FOR PLANNING,$rpEPARTMENT USE ONLY : Permit Fee : Tk ‘ .Qi7 Ito '1g Case Number : ne:g : \3 Recording Fee : ► © tie; I"t App . Checked by : Receipt No . : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- MENTS : Print or type only , except for necessary signatures . I , (we ) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Special Use Permit for the following described unincorporated area of Weld County : LEGAL DESCRIPTION of contiguous property owned upon which Special Use Permit is proposed : k7& ti . s S a A. 7-6 qa- (i? f 3696 Ye-74 !� LEGAL DESCRIPTION OF SPECIAL USE PERMIT AREA: STREET LOCATION : ( 6- 466 .%lu -,,L, 0-5¢, 7' ZONE : PROPOSED USE : 5tAji,nt. orrOMere. REASON : ,Kif fp,,,,..Q `' ,ic -n4 .ennfr' FEE OWNERS OF AREA PROPOSED FOR SPECIAL USaft*A yOG/5 NAME : - / .DDRESS : e;k NAME : ADDRESS : TEL : NAME : Uuv..Cz,s J ADDRESS : e , , t2P « TEL : .-zj 2& 3 I hereby depose and state under the penalties of perjury that all state- ments , proposals and/or plans submitted with or contained within this applica .ion are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) Signatu : OwnLr or uthorize' Agent Subscribed ans sworn to before me this /a5eft day of CSC c , 1979. ,y : E A L Notary Public // ((:)(2.1 l/ •Y My commission expires : 20 / / .per �„ BOARD OF DIRECTORS ^0 E RNEST TIGGES -� ' ` NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT AL KIRE ,.fl Y'' HIGHWAY 85 LUCERNE. COLORADO 80646 ' GARY SIMPSON 2-L t71 LYLE NELSON, MGR. TOM REED P.O. BOX 58 - PHONE 356-902O April 16 , 1979 RE: Water Service Virgil & Olena Ottinger Dear Sirs, This letter is in response to your inquiry regarding water service to—the following described property : S 1/2 of Sec . 22-6-64 1 . Water service is presently being provided to the above described property . 2 . X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional; comments : Sincerely, NORTH WELD COUNTY WATER DISTRICT L e D. Nelson, Manager LDN/rMc i�' 38640 Weld. Rd. 51 Eaton, Colo. 80615 April 20, 1979 Weld County Commissioners Greeley, Colo. 80631 Dear Commissioners : My son and I would like a special use permit so that We may build a hog confinement opera lion on our property one and one fourth miles north west of Gill, Colorado on road 66 . We plan a swine operation up to 1800 head. There will be 20, 160 feet of concrete floor space and at least 10 acres of gestation pens, which is more than the required size . For health reasons, we plan to have the area as sanitized and odor free Bs possible . Plies and rodents will be controlled for the benefit of all . Periodically, about every two weeks, manure will be disposed of on our farm fields. An example of a hog operation with there health controls can be found east of Galeton et the 14orth,eTn Colorado feeder Pig Co-op, Which try son and I manage . Our feed bins will be from seven to nine tots, so that feed will be delivered about once a week minimizing traffic on our road. Our form is located in an agriculturrl some, and is definitely in a swine aniral area , sine there_ are other swine operations in our area. Your consideration of tills family swine operation will be greatly appreciate . Sincerely, Vir. i1 F. Ottinge - 3 - 7 rTh �' -'bate : 7 WASTES INVENTORY LIVESTOCK FEEDING OPERATIONS /, County: .,ePA Company Name and Address C �c 0V a6Cv4.,Ca Type of 6peration : Feedlot Dairy Farm Other : Stockyard Hog Farm Average Stock Population (Give daily and monthly changes if any) / Rec Total Stock Pen Area and Capacity M00 Are Stock Pens Paved ? /, CO { r1 EQCo m.cQ �l �C� �Jalic ez av� Method and Frequency of Disposal of Manure r t Jn y� ;C� (/ Does Method Control Fly Breeding? �/�n _cw �• Is Rodent Control Practiced? 7,fa VolcsRL.> Treatment and Disposal of Stock Pen Drainage (,q ,� �—� Cco-= /2-Qi ' Stream or Water Body Receiving Drainage (Name , Distance , and Direction ) How is Area Zoned ? C "I ?- Distancc and Direction frorft Nearest Community / C/� NO . -di Method of Dead Animal Disposal ea • Prepared by : !// • ( CittleW CAC : sap 4/ 17/78 - ^, 1, PETITION SUPPORTING SPECIAL USE PERMIT Board of County Commissioners of Weld County , Colorado Weld County Centennial Center 915 10th Street Greeley , Colorado 80631 Dear Commissioners : We , the undersigned owners of property located within 500 feet of the property ro described in the application submited by J 77 �,�CL� - {JL—) , hereby petition you to grant this request for `J U/ - use . Signature Mailing Address Description of Property lJ. W - ctr-ti ,• ; r� 7?7 - acv?/ a) fir( c 4 sez, 22 147 n l 4302 W. 9th St. Road, Greeley, Co. 60631 April 26, 1979 it; Vir it 0ttinger R.R. 2, Bo 527 Eaton, Colored 80615 The following is in regard to your request for soil and site information for homesites and a swine operation, to be located in the S} of Section 22, Twp. 6N, Range 64W, Weld County, Colorado. The site is comprised of three soil types as delineated on the accompanying soil map. They are: Thedalund loam, 1 to 3 percent slopes (43—B); Nelson fine sandy loam, 0 to 3 percent slopes (51N—AB); and Nelson fine sandy loam, 3 to 9 percent slopes (5311-CD). A complete soil description is enclosed for more information. The most common characteristic of all three soils is the shallow depth to consolidated parent material, shale or sandstone. In all cases, consolidated material may be found at depths of 20 to 40 inches. The Thedalund loam is underlain by shale and the Nelson fine sandy loam is underla&n by sandstone. There is a moderate limitation for the construction of dwellings without basements due to the low strength characteristic in the subsoil on all three soils. For dwellings with basements, a severe limitation exists due to the increased cost of digging in the consolidated material and a low strength characteristic of the subsoil. These same limitations applyforrthe•conatruc- ..4ionoof small commercial buildings such as barns or buildinge.J,g,house animals as part of a swine operation. A soil test should be made by a competent soils engineer to determine propel: design criteria forthe intended construction. All soils have a severe limitation for use of a sewage lagoon due to depth to shale or sandstone. However, our experience has shown that these materials are easily dug and will seal properly for lagoon sites. • .» ry 5C$-CONS-15 !.�/^•�, �U c. DEPARTMENT OF AGRICULTURE ' OCTOBER 1974 Pt. S1 2t5�, - ( SOIL CONSERVATION SERVICE SOIL MAP Owner Virgil N. Ottinger Operator County Weld State Colorado Soil survey sheet(s) or code nos. YB-6DD-75 Approximate scale 4" = 1 mile 7 Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating with West Greeley Soil Conservation District ' „ i �,.) `'• Fir+? �# •tom%<' I\\i, i M- ,•_ , f •.• ' r •P �l a rar l T s-• 1 I s- L• r • F` . •r- Y.� «�iS�''i. .i �r • tL� r7 4?yr�� i w'' :>~'r'� f Y' ar5 ,� J F . 5y Ye `1,r51T Is .t * yly!' d `'1 'cI l.' a1�4 .1 6 r ` °i �; D �g ; ter; C 1. 1 t,#' + AT_ r?" K ` li to tea♦ p 14, � I a p',r -- 1 w s.,....;Le.,.«�. + r w.zs twT_ tl - 1i �\'' ".� v "'Jrii alt! J \ r M Ne ' • 1 0 fat-j.• _ _' ; /12,-,,_, '1-N t'c• 'iy�}14 ,i C re I ----f--zei K; z 7 \ . , 4'71 44:A,, —,L;. . , 1d v yy : t f •.. r c 1 i t•w . tk, ter V w1 a .'. z _ ' l ify II �. I ^.�.�53-0 1 II 1 it e Page 2 If during construction a very hard consolidated material is encountered, more extensive checks should be made to determine if cracks or fissures are present which would cause seepage from the lagoon. There are areas within the delineated soil boundaries where depth to con- solidated material is greater than 40 inches. This reemphasizes the need for on-site soil investigations prior to construction to determine the necessary design criteria. If there are any further questions, or if we can be of any further assistance, please feel freetto contact me. Sincerely, 164 onald D. Miller District Conservationist G5reeley Field Office yyY.♦..�....... Enc f —.!►�.a yq:t Y. 1 "Y cc! Weld County Planning Commission 43\ AP" clIt CO 0O tNj vapa NZ 3456. • (441 Saristea :W- G,oV CO 0 JOHN W. ROLD RICHARD D LAMM �. # Director GOVERNOR 7676 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303) 8392611 May 16, 1979 Weld County Planning Department 915 10th Street Greeley, CO 80631 Department Members: RE: CASE NO. SUP-391:79:13, CASE NO. SUP-393:79:15 SPECIAL USE PERMITS FOR SWINE FORROWING AND FINISHING OPERATIONS We have reviewed the site plans and supplementary information for the above special use permit applications. From a geologic viewpoint, we see no reason why these applications should not be approved. Sincerely, ✓James N. Price Engineering Geologist JNP/vt cc: Land Use Commission sQ d 0 C-70 Cjesb,Cts* GEOLOGY • Crnnu nc ruc o CT ICFY Tn THE FUTURE et-) 4302 W. 9th Street Road - Greeley, Colorado 80631 Nay 14, 1979 � I Milton Baumg to , President West Greele Soil C serration District P.O. Box 8 Greeley, Co O 80632 � 3 - 1 RE: Virgil Ottinger, Special Use Permit for Swine Farrowing and Finishing Operation Located in a Portion of S1 Sec. 22-T6N-R64W. 1 Mr. Ottinger's request indicates that the animal waste will be collected in a concrete pit and disposed of on a bi-weekly schedule. The plan • did not include any information as to size of collection facility planned or method for control of off-site surface drainage or method ,\ to collect on-site surface storm runoff. According to Colorado State Health Department regulations, on-site storm runoff storage is required for the open lot areas. Storage is to be computed using 10 year 24 hour'-storm frequency information. without this information included in the plan, it is difficult to determine adequacy of the proposed activity. It has been our experience that the design should be in excess of two weeks due to need for additional storage during winter months when a regular cleaning schedule is dependent on favorable weather. a Sincerely, l • 1 nald D. Miller District Conservationist • ec : ul. e - BOARD OF HEALTH WB/Cli COunty Health Deportment nAvin WHILING O115 ronlcv \4ILI lAM III l(X PnLorn FRANKLIN D MODE R. MD. MPH 1515 INKCIIAI ❑PAD 111191. Dl E KE Gi rva^„ ()Lector A N DOMINGUEZ ,m .ID Greeley GREELEY. COLORADO 80631 ANNI TIE M LOrE2 d eploy 1:W37151'0SL0 FDANK ALTERS. M r H W,ndcor HERSCHEL F*IEL RS JR AL D G.rc1 Ay KATHLEEN SHAUGHNESSY. E41N, and ARTHUR G WATSON, alalleville September 22, 1978 • Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Special Use Permit for a hog operation as requested by Virgil Ottinger has been reviewed by Environmental Health staff and the following comments are offered: 1 . Pits for wastewater retentions shall be installed as per Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health, May, 1978. Applicant shall be responsible for any additional directives or guidelines issued by the Colorado Department of Health, Water Pollution Control Division as appropriate. 2. Any discharge of water will warrant application for a National Pollution Discharge Elimination System Permit. • 3. Odors shall not exceed the. 15:1 dilution ratio (15 parts odor-free air to 1 part odiferous air) at the property boundary as specified in the Colorado Air Pollution Control Commission Regu- lation No. 2. • Sincerely, J G. Hall , M.P.H. , Di ector ironmental Health Services JGH:dr •\%g1011127jiv, h MAY 1979 M RECEIVED al CV Weld County o e, Retain Cemmisstot Cc \ cre) 19Z5212Ct�v �,` 1 a•- nnnrann'nnartenn HOWARD CATTLE CO. ! OENNETT, COLORADO DENVER,COLORADO I , OFFICE WALDEN,COLORADO HOME 106 Livestock Exchange Bldg. � ' arammr sa ...�'in..��„.. l = 1000 South Geneva Denver, Colorado 80216 Denver, Colorado 80231 222-9835 / 222-3151 • • our. • 341-6390 / 343-1420 W. S. HOWARD, Owner May 21, 1979 Department of Planning Services Weld County 915 10th Street Greeley, Colo. Attn: Chuck Cumliffe Dear Mr. Cumliffe: I have made several attempts to call you and find you are very near impossible to contact so will write this letter, making it a matter of record as to the application for Virgil Ottinger. I believe everyone owning property should be able to utilize it for his best interest; however a swine farrowing and finishing operation is a special use and can be detrimental to adjoining properties unless a permit is issued whereby he must keep the operation clean and reduce the smell and have a neat and clean operation instead of a cluttered up, piled up junk operation. I am going to be insistant that if this permit is issued that it be inspected periodically and that it be kept clean and oderless and I feel that is this cannot be done the permit should be denied. Yours ///very t uly, W. S. Howard GP i.\ t-123Zd2516<j� to G ei Kto, �sb�C�ptsS�°a C, atnl ��u 01,6 8 J-99 n Virgil Ottinger SUP-391 : 79 : 13 SURROUNDING PROPERTY OWNERS May 3 , 1979 Harrington Land Company 2126 14th Street Greeley, Colorado 80631 Lupe and Theresa Carpio Route 1, Box 123 Gill , Colorado 80624 Ronald and Bessie Green Route 1, Box 124 Gill , Colorado 80624 Donald and Joan Dodson Route 1, Box 125 Gill , Colorado 80624 Fern Howard and Duane Lakey 106 Livestock Exchange Building Denver, Colorado 80216 Dean McElvry 27491 Weld County Road 66 Gill , Colorado 80624 The Weld County Planning Commission held a scheduled meeting on June 5 , 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 Frank Suckla Present Fred Otis Present Ben Nix Present Percy Hiatt Present Bette Kountz Present Jerry Kiefer Present Jim Gilbert Absent Irma White Absent Also present were: Tom Honn, Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present the meeting proceeded as scheduled. Chairman Carlson called for a motion to approve the minutes of May 15 , 1979 . Jerry Kiefer made a motion to accept the minutes as presented. The motion was seconded by Percy Hiatt. All present case a unanimous vote of "aye" to accept the minutes . APPLICANT : Lowell Adams CASE NUMBER: Z-321 : 79 :5 SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District LEGAL DESCRIPTION : Pt. SW4, Section 29, T6N, R65W LOCATION: Northeast corner of North 11th Avenue and "0" Street (County Road 64) at Mumper Hill , approximately 2 mile north of the City of Greeley DISCUSSION: Tom Honn stated that the applicant has requested additional time in order to meet with the Planning staff to discuss the possibility of a unit development in addition to the change of zone request to comply with the recommendation of the City of Greeley. The Planning staff' s recommendation was to continue the request to the June 19, 1979 Planning Commission meeting. MOTION: Be it therefore resolved to continue the request to the June 19 , 1979 Planning Commission meeting based on the staff' s recommendation. Motion by Percy Hiatt, seconded by Fred Otis . A vote of "aye" was cast by Percy Hiatt, Ben Nix, Fred Otis , Jerry Kiefer, Frank Suckla, Bette Kountz, and Chuck Carlson. Motion carried. APPLICANT: Charles E. Erickson CASE NUMBER: Z-322 :79 :2 SUBJECT : Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District with a Unit Development LEGAL DESCRIPTION: Pt. NW4 SW4i Section 36 , T6N, R66W LOCATION: Northeast of the intersection of 35th Avenue and F Street, south and west of the railroad tracks APPEARANCE : Glenn Billings DISCUSSION: Mr. Billings stated that Mr. Erickson is in the housing construction business and is presently renting office space, but does not have adequate facilities to store his equipment and material. He now desires to construct an office building for this purpose and would Planning Couunissio -Minutes Page 2 June 5, 1979 like to build an additional small office which would be rented out. The remainder of the buildings to be built in the future will be for dry storage. He then discussed the recommendations by the City of Greeley as regards the entrance to the site and comments by the Colorado and Southern Railroad Company. There being no questions at this time, Tom Honn read the Planning Staff' s recommendation for approval and the Development Standards . Mr. Otis then asked if Mr. Erickson was willing to bear the cost of some of the items as stipulated in the Development Standards (i. e. , landscaping) . Mr. Erickson stated he felt there would be no problem concerning this . Mr. Otis was also concerned that this could perhaps have a junkyard appearance, but this will be screened from surrounding neighbors . MOTION: Be it therefore resolved to recommend approval based on the staff' s recommendation with the Development Standards to the Board of County Commissioners . Motion by Jerry Kiefer, seconded by Fred Otis . A vote of "aye" was cast by Percy Hiatt, Ben Nix, Fred Otis , Jerry Kiefer, Frank Suckla, and Bette Kountz. Chuck Carlson cast an abstention vote. Motion carried. APPLICANT: Darrell and Donna Uhrig CASE NUMBER: CUP-48 : 79 :8 SUBJECT : Single Family Residence on a Parcel under the Minimum Lot Size LEGAL DESCRIPTION: Pt. Nz SE4i Section 18 , T2N, R67W LOCATION: Approximately 1 mile north of Firestone APPEARANCE : John Dent DISCUSSION: Mr. Dent stated that the Uhrig' s wish to construct a residenc on this 40 acre parcel and also wish to conduct a swine farrowing operatior of approximately 30 sows . He stated that to his knowledge he knows of no objections from surrounding neighbors and feels the use is consistent with the surrounding uses . There being no questions at this time, Tom Honn read the staff ' s recommendation for approval and the Development Standards . Mr. Dent then commented on one of the comments in the staff recommendation regarding the septic system. He stated that there has been some confusion regarding this in that there is presently no septic system on the property. The Uhrig' s are waiting for approval or denial of the Conditional Use Permit before proceeding with the installation of a system. The Health Department had inspected the property in front of the Uhrig' s which is completed. Mr. Suckla commented that he had viewed the property and feels the Uhrig' s are doing a good . job and that the request should be granted. Ben Nix expressed concern that the operation could enlarge in the future. Mr. Uhrig assured him he has no intention of enlarging it any more than 100 head. It will be operated on a limited basis . MOTION: Be it therefore resolved to recommend approval with the Development Standards to the Board of County Commissioners based on the staff' s recommendation. Motion by Frank Suckla, seconded by Percy Hiatt. A vote of "aye" was cast by Percy Hiatt, Ben Nix, Fred Otis , Jerry Kiefer, Frank Suckla, Bette Kountz, and Chuck Carlson. Motion carried. ' Planning Couuiiissior Minutes Page 3 June 5 , 1979 APPLICANT : Wyoming Mineral Corporation CASE NUMBER: SUP-39O : 79 : SUBJECT : Amendment to SUP-353 Development Standard #1 for a 6 Month Time Extension LEGAL DESCRIPTION: Pt. Ezi Section 24, T10N, R62W LOCATION: Approximately 3 miles south and 2 miles west of Grover APPEARANCE : Frances Ryan, Licensing Engineer DISCUSSION: Ms . Ryan first brought the Planning Commission up-to-date as to what has been occurring at the Grover test test and what is anticipated in the next 6 to 8 months and 1 to 5 years . The present request is to amend Development Standard #1 for a six month extension to allow for the conclusion of aquifer restoration and the commencement of surface reclamation. Ms . Ryan then explained the procedure for reclamation. Wyoming Mineral Corporation is in its final stages of groundwater restoration. It is anticipated that a final public hearing with the Colorado Water Quality Control Couuuission will occur in mid- late summer of 1979, with surface reclamation commencing in the fall . If Wyoming Mineral Corporation needs to remain on the site for the continued groundwater restoration program, then this permit extension will allow them to do so . There being no questions at this time, Tom Honn read the staff ' s recommendation for approval . General discussion followed regarding plugging the holes in the area. MOTION: Be it therefore resolved to recommend approval based on the staff' s recommendation to the Board of County Commissioners . Motion by Percy Hiatt, seconded by Jerry Kiefer. A vote of "aye" was cast by Percy Hiatt, Ben Nix, Fred Otis , Jerry Kiefer, Frank Suckla, Bette ( Kountz, and Chuck Carlson. Motion carried. APPLICANT : Virgil Ottinger CASE NUMBER: SUP-391 : 79 :13 SUBJECT : Swine Farrowing and Finishing Operation LEGAL DESCRIPTION: Pt. S2f Section 22, T6N, R64W LOCATION: Approximately 3/4 mile northeast of Gill APPEARANCE : Virgil Ottinger DISCUSSION: Mr. Ottinger had applied for a Special Use Permit for this type of operation several months ago and withdrew the application because of a great deal of opposition from surrounding neighbors. Since that time, Mr. Ottinger has found this 75 acre tract of land and would like to have the swine operation on it. The hog confinement operation will be for approximately 1,800 head. Both Mr. Ottinger and his plan plan to build a residence on the property. Tom Honn then read the staff' s recommendation for approval and the Development Standards . Discussion followed regarding the letter the Planning Staff received from W. S . Howard and his concern for a clean operation with odor controlled. Mr. Honn stated he felt this concern was adequately addressed in the Development Standards . MOTION: Be it therefore resolved to recommend approval with the Development Standards based on the Staff' s recommendation to the Board of County Commissioners . Motion by Ben Nix, seconded by Bette Kountz. A vote of "aye" was cast by Percy Hiatt, Ben Nix, Fred Otis , Jerry Kiefer, Frank Suckla, and Bette Kountz. Chuck Carlson cast an abstention vote. Motion carried. Planning Couuuissio- 'Zinutes Page 4 June 5, 1979 APPLICANT : Vernon and Alice Noble CASE NUMBER: SUP-393 :79 :15 SUBJECT: Hog Operation LEGAL DESCRIPTION: Pt. SW4j Section 5, T3N, R68W LOCATION: Approximately Z mile north and 2 miles west of the Town of Mead APPEARANCE : Vernon Noble DISCUSSION: Mr. Noble stated that he needs to expand his operation which is in another county at the present time. Mr. Noble' s operation will eventually be approximately 600 head. A controversial issue has been brought up regarding the sale of water on the property. Mr. Noble stated he is in no way connected with the sale of this water. He also stated he has a letter from the Little Thompson Valley Water District which states they will furnish him adequate water service to the site. The subject was then brought up of how the property had come to be split over the years . This process was explained by Mr. Leonard Hergenreter regarding his personal involvement in the property. Mr. Hergenreter also stated he is opposed to this operation as he does not feel prime agricultural cropland should be changed for hog production. Discussion followed regarding other possible sites for the operation and drainage on the property. Robert Hodgson then explained the problem he has been experiencing regarding water for his property. He has been told by Little Thompson Valley Water District that a larger line will be installed, but so far has not yet received it. Discussion followed in this regard. Tom Honn then read the staff' s recommendation for approval and the Development Standards . Discussion again followed regarding the water situation. MOTION: Be it therefore resolved to recommend approval based on the staff' s recouuuendation to the Board of County Commissioners with the addition of a condition of approval being that the request is approved subject to the applicant showing the Board of County Commissioners that Mr. Noble has written assurance of an adequate water supply for the operation in the form of a certified letter from Little Thompson Valley Water District and further than an additional Development Standard be added which would not allow a tap into the existing Little Thompson Valley Water District line until it is enlarged. Motion by Jerry Kiefer, seconded by Fred Otis . A vote of "aye" was cast by Percy Hiatt, Fred Otis, Jerry Kiefer, and Chuck Carlson. A vote of "no" was cast by Ben Nix, Frank Suckla, and Bette Kountz. Motion carried for approval 4 to 3 . There being no further business , the meeting was adjourned. Respectfully submitted, Shirley A. P 'llips Planning Commission Secretary DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 iT-- ---J- 1 '1‘ . + -, _. i „ .O \ j 1 _ : __,1 COLORADO May 3 , 1979 Mr. Virgil Ottinger R. R. #2 Box 527 Eaton, CO 80615 RE: Request for a Special Use Permit for a Swine Farrowing and Finishing Operation on a parcel of land described as Lot "B" , Recorded Exemption No . 0801-22-4-RE-366 located in Pt. SZ Section 22 , T6N, R64W of the 6th P. M. , Weld County, Colorado Dear Mr. Ottinger : 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, June 5 , 1979 at 1 :30 p.m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado . I It is recommended that you and/or a representative be in attendance to make your presentation on your request and be available to answer any questions the Planning Commission members might have with respect to your application. If you have any questions concerning this matter, please feel to contact our office. Respectfully, ay.& a,......1.,\+...... Chuck Cunliffe f e Assistant Zoning Administrator sap • 4 y SF F R ('„,,Piet. item, s .. _ �, - yo.r,Jdr;,y,n the'RF1iR\TO"tip�� "3' bj .y,��I n•certie .I.Ns vIuµ,n,L'Stni,t is requested (elt,.i;,"t) _ ' dhow to uho ,^d daft dtl,ccrtd l Show to whom d,, t and addrts,,,• --C ' R EST RIC TED DILIVFRl 'e'ise,ti __ Show to whom and daft deli erf.I y RESTRICTED DFIIVFRI' --` �� C � L Show to whom date and address of del,sery ,S_--__ � \� (CONSULT pO TMASFFR IC)R FE ES) � . d(� 2 RTICLE ADDRE SE TQ!-�'"`r� _\� ‘, .\%,' c et P 2 r El C-',. .\,,,,v C \ c C\ ,! \0c -- C, 3 ARTICLE DESCRIPTION ` \ 4 19 i y I, l' '" x n REGISTERED NOT u 'cD - ` ++ -' m CERTIFIED NO INSURED NO �`' I �_ _' 7, ii C C~`�\ a ( �V C. I (Always I� C�r DA rr m Ys obtain signature of addressee or agent) • c.� �% r` A C- C I have received the article described above I I) �n 7, u —__ I i SIGNATURE , I- II SN4„p,,.,,"IAV)DATE O Addressee r? r: �'� ,-.F)„7 DATEHto 0 Authorvrd agent ( d Dltiveav C /71,',- .:33 p P- To VIAYWID z 4 J c-u% / ADDRESS 0FDELIV(HYWITH ' c DAT• OF DELIVERY / --- RESri.C7EDr,E C LIVFRY ore —'r �f'OSTMARK TOTAL POSTAGE AND FEES L' D m PO;T AAR(OA DATE 5 ADDRESS (Complete only if requested) ��c .. o m , i s co 1ao T 6 UNABLE TO DELIVER BECAUSE co ��\Q m m CLERK'S D INITIALS C� V A 1 . i J '. . 1. i ,, • i FLOW SU1,ET • • APP I GANT: V.)i 10i CA VIN Cr CASE # °"%411 ' REQUEST: 5 -VW 4<^ IT lrt, ,\ M, C riN6(1,:k, tt LEGAL: WSle -:..--"a T N �is)'/� • w LOCATION: 3/4 Nrtftk, r\DVeNk , '\\ \ b i DATE I BY • Application Received iffill % Jiq • Application Fee - Receipt # III CAQ, Recording Fee )b2k' rtt .0 A. Application Complete P.C. Hearing Date: � �, 1111 '5 1, 111 laItgi Letter to Applicant Drafted 1111 W., Referrals Listed — 5 .1,2 1[41 - 'Or Field Check by D.P.S. Staff 11 10 , (!alo, File Assembled % -• - 4 Referrals Mailed 1. %,c`. _ Chaindexed %63�I\ V . Notification of Applicant • , % : --N `\ %••''R. Surrounding Property Owners Researched -WN\ V.0. Airphoto/Vicinity Map ,Preapred \-.W- cN NcS. , Property Owners Notified by: 15 WM ) --\ % q' . Agendas Mailed by: VAIA 'VIA 1 teihi JP 11 1-.4' Legal Approved by County Attorney L � �� Referrals - Complete 5 IA (it\ C Preliminary D.P.S. Staff Comments , 511 1i Cot Mt. I Staff Conference 5' N/�CtD.P.S . Comments 5 Sill1 ei P.C. Hearing Action: WQ ---, v , � ,1 P.C. Resolution \� � Case Sent to Clerk to Board , L' 1 19 Ca, C.C. Hearing-- -:N \ Action :‘ ,S WQ. --\s\V C C.C. Resolution Received —\ -----\` '\ 'k _ History Card Complete ��- %- C.C. Resolution Sent to Drafting �/ _ Drafted on Mylar ® 3- � �'/ Document Sent to Clerk and Recorder P.C. Minutes \ _• . , A. s� EIR§§L szzz Vi19II O11tGkr2 22P-321 79 13 S . 1979 ( Luurt ? ' C . � Cott: t 1'1,1int I\tenaIon }<ro! Phtt e «> ! Iry E , re Prot oc ! ! cc Distylet | < /u 2 ! > :u Du-) in S/ S/ 79 P C Box 231 , D 9sey , ( e ! e A JG, SO«4a - ('., I ()IF(.14) bam' Sheller 1213 SheeG(1 311( ni 2nm° 703 . ; G'n,, er • CcIo«adn 30203 . | j Sol Cnosrc\ 1( inn Ser\ IIO ] 4302 %e,--,! Pt 31 in nI Peen ) Grey Icy Cnlnraw, 30031 ) iced U! ! s ! ) 1201 10th «tenor Cron I e , ( ., ! r,l ilclr, 80631 ' } ; ) . } . ! ) : | mEmoRAnDum To Planning Commission Date May 22, 1979 COLORADO From Gilman F fllsnn, Utility-Suhdivision Administrator Subject: Virgil Ottinger (S_H_P ) There are no engineering problems anticipated by this request. Any new access must have prior approval before installation. An on site inspection was not made. Gilman E. Olson Utility-Subdivision Administrator GEO:sar iNfei'3245 •, MAY 1979 cCf!‘ RECE1VE® Vleti pl� a��€fly Cep€bra 4, ' NAME /..--,)4//d. ADDRESS,/ lego ; �f LOCATIO ' LEGAL DESCRIPTION TYPE OPERATION JL. .1,_, tzi COMMENTS; fropte_ei 2/ Ate'' O 8910177 (13 ti til N 979 vacel ��94'ZfrZ£Z22\ WELD COUNTY EXTENSION SERVICE • 1* A NMI West Greeley Soil Conservation District P.O. Box 86 - Greeley, Colorado 80632 May 14, 1979 Gary Z.Fortner, Director Weld County Planning Commission Weld County Centennial Center 915 10th Street Greeley, CO. 80631 RE: Virgil Ottinger, Special Use Permit for Swine Farrowing and finishing Operation located in a portion of S? Section 22, Township 6N, Range 64W Weld County. The Board of Supervisors has reviewed the above request and are in agreement with the review comments prepared by the USDA Soil Conservation Service. Those comments are attached and reflect the Board's recommendations. Sincerely, Milton Baumgartner, President West Greeley Soil Conservation District C6 liftriN. C„LY 19)9 cam,', IL-- 'RECEIVED tie4 Iv Pin ning��Bls nm �� CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMEI1T, made and entered into in duplicate this / 2 u` day of *>cl ilL , 1979 , by and between : VIRGIL N . OTTINGER and OLENA W. OTTINGER, undivided 1/2 interest ; CHARLES D. OTTINGER and RENEE R. OTTINGER, an undivided 1/2 interest , Purchasers and SOUTH PLATTE FARMS , a limited partnership , Seller. WITNESSETH: That for and in oonsideration of the sum of $57 ,600 . 00 , the Seller agrees to sell and the Purchasers agree to purchase the following described real property located in the County of Weld, State of Colorado, to-wit : Lot "B" of Recorded Exemption No . 0801-22-4-RE366 , recorded December 29, 1978, in Book 855 under Re- ception No. 1777313 , Weld County Records , being a part of the South Half (S 1/2) of Section 22 , Township 6 North , Range 64 West of the 6th P . M. , County of Weld, State of Colorado. Together with 1-3/4 shares of the capital stock of Larimer & Weld Irrigation Company , 1-3/4 shares of • the capital stock of Owl Creek Supply & Irrigation Company , 1-3/4 shares of the capital stock of the Decker Lateral Company and 1-3/4 shares of the capital stock of the Graham Lateral Company and all ditches and rights-of-way appurtenant thereto. EXCEPTING and reserving however unto Seller all water • rights , ditches and ditch rights not specifically hereinbefore described, including 20 acre foot unit allotment of the Northern Colorado Water Conservancy District , * share of the Larimer & Weld Irrigation Company , * share of the Owl Creek Supply & Irrigation Company, * share of the Decker Lateral Company and * share of the Graham Lateral Company. Subject to rights-of-way for country roads , patent reservations, mineral reservations , oil and gas leases , 1979 real property taxes and easements and rights-of-way of record. That in consideration of the agreement of sale of said • premises , the Purchasers agree to pay the sum of $57,600. 00 in the following time and manner, to-wit : 1 . The sum of $7,600. 00 paid simultaneously with the execution of this Agreement , the receipt and sufficiency of which is hereby acknowledged by Seller. 2. The remaining balance of the purchase price in the • sum of $50, 000. 00, together with interest thereon at the rate of . / 9 per annum , shall he payable as follows : principal and interest shall be payable in 180 equal monthly installments in the sum of $402 . 32 , each , commencing on May 1 , 1979 , and continuing to April 1 , 1994 , inclusive , with a final installment in the amount of the then unpaid principal and accrued interest on May 1 , 1994 , each installment to be first applied to accrued interest and the balance to reduction of principal . The Purchasers shall have the right to prepay principal and interest at any time after January 1 , 1980 , without penalty . IN CONSIDERATION OF THE AGREEMENT OF SALE AND PURCHASE AND OTHER AGREEMENTS AND COVENANTS HEREIN CONTAINED, THE PARTIES HERETO UNDERSTAND AND AGREE AS FOLLOWS : A. Possession of said premises shall be surrendered and delivered to Purchasers simultaneous with the execution of this Agreement . B . The Seller agrees to pay the 1978 real property taxes and the Purchasers agree to pay the 1979 and all subse- quent years ' taxes . C. Purchasers covenant and agree in due season to pay all taxes , water rents and assessments that may be legally levied or imposed upon said property , and to keep all buildings that may be at any time during the continuance of this Agreement on said premises , in good repair , and insured for such sum or sums as required by Seller but in no event to exceed the amount of the indebtedness hereof . Said policies shall be in the names of the parties hereto as their respective interests may appear. In the case of refusal or neglect of Purchasers to thus insure said buildings , or to keep them in repair , or to pay such taxes , water rents or assessments the Seller may procure such insurance , make such repairs , or pay such taxes , water rents or assessments , and have all monies thus paid, with interest thereon at the rate of 12% per annum. The same shall also become additional indebt- ness hereunder to be paid before Purchasers shall be entitled to a Warranty Deed hereunder. D. The Seller shall have good and merchantable title , and convey the same to Purchasers by good and sufficient Warranty Deed upon the payment of the indebtedness provided herein and the performance of the covenants herein contained. E . Simultaneous with the execution of this Agreement , Seller shall execute a Warranty Deed in favor of Purchasers and Purchasers shall execute a Quit Claim Deed to said property in favor of Seller . Said deeds of conveyance shall be deposited together with a copy of this Agreement , with -t/7c/nPsc 7 S- (c/%/j5, ./r. as Escrow Agent , for retention by said Escrow Agent and delivery of said instruments as hereinafter specified . Upon satisfactory proof to the Escrow Agent that a] I terms and conditions of this Agreement have been complied with and satis- fied according to the terms hereof , the Escrow Agent is instructed to deliver the above-described Warranty Deed to Purchasers for recording upon the public records of Weld County , Colorado . Simultaneous with delivery of said Warranty Deed , the Escrow Agent is instructed to destroy the above-described Quit Claim Deed. In the event that the Escrow Agent is satisfied and furn- ished adequate proof that Purchasers is in default in the payment of the installments required hereunder , or otherwise breached -2- Y the terms or the Agreement and that the Seller complied with all of the conditions precedent to possession as provided hereinafter or have initiated a foreclosure proceeding and the period of redemption has expi red , the Escrow Agent is authorized to deliver to Seller all papers and documents in its possession which pertain to this Agreement . F. The parties hereto acknowledge that Seller is a contract purchaser of the property which is the subject matter of this Agreement under an Installment Land Contract recorded August 5 , 1976 , in Book 773 , Reception #1695405 , Weld County records , the same being assigned to Seller by an Assignment and Deed recorded January 8 , 1979 , in Book 856 , Reception #1778024 , Weld County records and that Seller has continuing contractural obligations thereunder to pay the approximate sum of $62 ,000 . 00 . The Seller covenants and agrees to pay the contract installment indebtedness thereunder according to the contract ' s term and tenor. In any event , Seller agrees that it will satisfy the contract indebtedness on or before May 1 , 1994 , at which time Seller is obliged to deliver a Warranty Deed to Purchasers under this Specific Performance Contract . In the event that Seller satisfies the contract indebtedness thereunder prior to May 1 , 1994 , Seller shall have the option to convey tee simple title to Purchasers by a good and sufficient Warranty Deed conveying the premises above described and receive from Purchasers a Promissory Note and Deed of Trust in form satisfactory to Seller for the balance of the purchase price indebtedness provided under this Specific Performance Contract . IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED THAT time is the essence of this Agreement in every part hereof and that all terms , conditions , covenants and agreements herein provided shall be performed by Purchasers and the same are conditions precedent to the rights of Purchasers to purchase said premises and obtain a Warranty Deed therefor. In the event Purchasers shall make default of any terms , conditions , covenants or agreements herein provided to be kept or performed by them the whole amount of the unpaid principal and interest thereon shall at the option of the Seller become due and payable forthwith , and the Seller shall have the right to cancel and terminate this Agreement and forfeit all right , title and interest of the Pur- chasers by giving to said Purchasers ninety (90) days notice in writing of the cancellation of this Agreement ; that said ninety (90) days is a reasonable and sufficient notice ; and that only notice of cancellation required hereunder shall be notice by registered mail to the address of the Purchasers hereinafter set forth ; that if all covenants and payments herein provided should not have been performed within the ninety (90) days from the mailing of said registered notice , all interest of the Purchasers shall be forfeited and Seller shall be fully reinvested with completed and full title to said premises hereinabove described and all improvements placed thereon . IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that notice provided under this Agreement shall be deemed sufficient if mailed registered mail to Purchasers at 38640 Weld County Road 51 , Eaton , Colorado, 80615 . IT IS FURTHER MUTUALLY UNDERSTOOF AND AGREED that notice provided under this Agreement shall be deemed sufficient if mailed registered mail to Sellers at 1635 36th Avenue Court , Greeley , Colorado 80631 . • • -3- AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements herein contai ned shall extend to and be obligatory upon the heirs , executors , administrators and assigns of the respective parties hereto , but this contract cannot be assigned by Purchasers without the written consent of the Seller. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the year and day first above written . SELLER: PURCHASERS : SOUTH PLATTE FARMS , a limited partnership -2/7• VirgiN . Ottinger /62 by ./lam �� - � �� =eneral artners -p- 9 2 �:_ i , ,j O1ena W. Ottinger :/ aharles D. Ottr 1 epee H. Ottinger / STATE OF COLORADO ) ) ss : County of Weld ) The foregoing instrument was acknowledged before me this day of , 1979, by Thompson S. Collins, Jr. , General Partner of SOUTH PLA'1'1'E FARMS, a limited partnership and by Virgil N. Ottinger, Olena W. Ottinger, as to 1/2 interest, and Charles D. Ottinger and Reneee R. Ottinger, as to 1/2 interest. WITNESS my hand and official seal. My commission expires: Notary Public. -4- • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT 404 915 10TH SIR LET GREELEY,COLORADO 80631 \ P!; a COLORADO May 3 , 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 Virgil Ottinger for a Special Use Permit for a Swine Farrowing and Fillibing _Operation on property described as follows : pt . Ste, Section 22 , TAN, P94W • The location of the parcel of land for which this application has been submitted is : 3/4 mile northeast of Gill • If you have any suggestions or objections , will you kindly notify us in writing before May 22, 1979 . The meeting by the Weld County Planning Commission is scheduled for June 5 , 1979 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , 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. ssi antZoning dministrator " nn. r 0 /1 . /'79 Hello