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Home My WebLink About780018.tiff RESOLUTION RE: DENIAL OF CHANGE OF ZONE FROM A - AGRICULTURAL DISTRICT TO E - ESTATE DISTRICT FOR LEE WIECK, ET AL. 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, a public hearing was held on the 1st day of November, 1978 at 2: 00 o' clock p.m. for the purpose of hearing the petition of Lee Wieck, et al. , 6623 Redwing Place, Longmont, Colorado 80501, requesting a change of zone from A-Agricultural District to E-Estate District for the following described parcel of land, to-wit: A tract of land in the Southeast Quarter of Sec- tion 5, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Beginning at the Southeast corner of Section 5, Thence S 89°52'53" W, 2721.54 feet (Recorded by deed as reception no. 1623723 as S 89°55' W, 2724.7 feet) to the Southwest corner of the Southeast Quarter of said Section 5; Thence along the West line of the Southeast Quarter of said Section 5, N 00°21'46" E (recorded as N 00°23' E) , a distance of 266.00 feet along the West line of said Southeast Quar- ter to a point approximately 30 feet from the Leyner Cottonwood Ditch; Thence by the following courses and distances around and southerly from said Ditch; N 51°40'00" E, 54.24 feet (recorded as N 53°43' E, 55.00 feet) ; Thence N 01°08'00" E, 513.50 feet; Thence N 00°13'00" W, 282.00 feet; Thence N 28°21'00" E, 80.00 feet; Thence N 41°55'00" E, 205.00 feet; Thence N 48°19'00" E, 226.00 feet; Thence N 80°48'00" E, 62.00 feet; Thence S 68°28'00" E, 456.00 feet; Thence S 72°02'00" E, 216.00 feet; Thence S 32°21'00" E, 182.00 feet; Thence S 44°07'00" E, 162.00 feet; Thence S 37°18'00" E, 165.00 feet; Thence S 61°05'00" E, 320.00 feet; Thence S 69°51'00" E, 585.00 feet; Thence N 86°42'00" E, 185.00 feet; Thence N 79°41'00" E, 318.00 feet to a point on the East line of said Section 5; Thence S 00°21'00" W, 548.60 feet more or less along the East line of Section 5 to the Point of Beginning, containing 57.710 Acres, more or less. WHEREAS, the petitioner was present, and WHEREAS, Section 8 . 2 and 8 . 3 of the Weld County Zoning Resolu- 780018 ;d On) tion authorized the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and WHEREAS, the Board of County Commissioners heard the testi- mony and statements of those present on behalf of the petitioner and has studied the recommendations of the Weld County Planning Commission for denial of the proposed change of zone, and WHEREAS, the Board of County Commissioners hereby finds that the petitioner has not met his burden of proof in fulfilling the requirements of the Weld County Zoning Resolution for a change of zone. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Lee Wieck, et al. , for a change of zone from A-Agricultural to E-Estate District on the above described tract of land, be and hereby is, denied. BE IT FURTHER RESOLVED by the Board that the reasons for denial and findings of fact contained in the Weld County Planning Commission recommendations in this matter dated September 5, 1978 , be and hereby are incorporated as the findings of fact and con- clusions of law of the Board of County Commissioners in this matter, as if fully set forth herein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D. , 1978 . /. F ATTEST: ��j Q,(,l�/q�a#rtl WELD DCOUNTOUNCOLORADOSSIONERS Weld County Clerk and Recorder / and Clerk to the Board %' I C By: '� c_,� 71,_ ,tk:'�-' / Deputy�oun Clerk .7. 74e _%tom-- (No) % A PPROV$ AS TO FAPM=. County Attorney Date Presented: November 6 , 1978 PUBLIC HERARING November 1, 1978 2 : 00 PM I hereby certify that pursuant to a notice dated September 25, 1978 , duly published September 28 , 1978 and October 19 , 1978 in the Johnstown Breeze, a public hearing was held on the request of Lee Wieck, etal, for a Change of Zone from A-Agricultural to E-Estate District. Mr. Frederick L. Ginsberg, Legal Counsel for Lee Wieck, etal, and Mr. Wieck were present and made their request. Tom Honn, of the Weld County Planning Department, presented the Planning Commission' s recommendation for denial . The favorable recommendation made by the Planning Staff to the Planning Commission was not in the recofd. Mr. Ginsberg requested that said recommendation be read into the record. The Assistant County Attorney, R. Russell Anson, stated that said recommendation should be in the record, it was an oversite. Commissioner Roe made a motion to allow Mr. Honn to read the favorable recommendation made by the Planning Staff into the record. Commissioner Steinmark seconded the motion and it carried unanimously. Said recommendation was read into the record and Mr. Ginsberg continued with his testimony. Melvin Dinner, Legal Counsel representing the opponents Mr. & Mrs . Kenneth Cook and Coal Creek Ditch Co. , expressed their viewpoint and opinion. Mr. Ginsberg rebutted his stand. After discussion and receipt of all testimony, Commissioner Carlson made a motion to deny the Change Of Zone request to Lee Wieck, etal. Commissioner Roe seconded the motion and it carried with Commissioners Carlson, Roe, Steinmark and Chairman Dunbar voting aye. Commissioner Jacobucci voted nay. Chairman Board of County Commissioners Weld County, Colorado n ATTEST: IQ- EUlA Weld County Clerk and Recorder and Clerk to the Bo rd { :`--. /✓.LLB '. L,s �By " I Deputy County` " lerk j Docket #78-66 Tape #78-148 & 149 AI' I I. II.AI. I . LEE WIECK, ETAL I IHI : z: uu jtm nn( I. I, Id78-66 U,11'Ic NOVEMBER 1, 1978 I` I' '��II'.;,I. COZ, A TO E JAH AnnRl ;s ce9tea *Ale# 4-10Cei itsdc ?siore-766e2,_closs—sse4. geza.r4 ir �,fJ t t Eitc/IJeE,_ 692 /7 rim 4 or jd,v6,,,4/1_1 7- 64A CL._ s-?v ./ 'Ca& i ., „eci_., / •_ • • _ .. n IIIRD IMOIC sows ,w at the to ar_ end'the Weld !been in will the Ma O . of rove - attend 4t' h may be y Soma 1T�K OuWNN that the she 1 e exxan8tetteln the O �Clerk Bte ra er a V01ld 818 1Cpto�l Street, , Qee•MY, Colored°. Docket No.7846 LReeedwvltneerty�eLt i�mcnt,C . M Date: November 1, 1974 Time:-2:00�.+�P..M..e A(drtculu to CE-Eitattee Meng LEGAL DESCRIPTION:8tr{�ry'A Whet of faction 6'weesett�,of y tin h� 6th P.Y., eCounty,, Cobndo. ,#nnin at the SE Oar. of 46tlon 6 21.54 feet( 889 de M' ■"W,2 48eJ4 feet_$ b tren ll Whi Corner ef lite thhee' E at (Salim* e e128 )A Ns eeeatptin West 1-dt • L1yr 1� feet�tromt. e. Y r Cottonwood Ditch; e following courses and Q and Southerly that N51 degrees 40 0011 (Recorded Ne or ' OQ feet 1;d Thence No r% .co E,61s10 feet; Theme astir eon re pgp.80 ' E, , ce N1 28ence Ne9B 41' ee :M feet;Thence N4i greN • E. 206.00 feet; '960.lga dotes 19' 00'' ee 248' I ' Thence a N80 degrees 48' M' n 06" feet;6.00 e 888 degrees 9 9p E, 468.00 feet; .00 degrees 02' 21'.00 test; Thence S82 degrees 2d1e'ge00" E, 00''Efeet;2 Thence HTheence 8es 067 es 18' 00"-E, �'160.00 hat:. 00".00 Etre, 5 0 501 0 fee8 Tne hence ee Thence N78 degrees 14411'00"eaX 818.00 feet to a point on the Eaa4 line d of said Section 5; Thence 600 ddpeeerggrr�e�es 21'00"W,1548.80 feet more Sect the East line of ion 6�a Point of Beginning, containing 57.710 acres more or less. THE BOARD OFCOMMIS I IOOUN R WELD COUNTY,COLORADO BY:MARY ANN FERR�Rf O( AND CO SEANP 7IRR CLERK TO THE BOMID BY:Rita Jo Kummer,Deputy DATED: September 25, 1976 PUBLISHED:- the 's n Bra se gir�eesg�g_ e18.9eewasrg.ta?St1': ,. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, 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 following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 78-66 Lee Wieck, etal 6623 Redwing Place Longmont, Co. 80501 Date: November 1, 1978 Time: 2:00 P.M. Request: Change of Zone, A-Agricultural to E-Estate District LEGAL DESCRIPTION: A tract of land in the SEa of Section 5, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Beginning at the SE Cor. of Section 5, Thence 589°52 ' 53"W, 2, 721. 54 feet (Recorded by deed as Reception No. 1623723 as S89°55'W, 2724. 7 feet) to the SW Corner of the SEa of said Section 5; Thence along the West line of the SEa of said Section 5, NOO°21146"E (Recorded as NOO°23 'E) a distance of 266 .00 feet along the West line of said SEa to a point approximately 30 feet from the Leyner Cottonwood Ditch; Thence by the following courses and distances around and Southerly from said ditch; N51°40 ' 00"E, 54 . 24 feet (Recorded as N53°43 'E 55 . 00 feet) ; Thence NO1°08 ' 00"E, 513. 50 feet; Thence NOO°13' 00"W, 282. 00 feet; Thence N28°21 ' 00"E, 80. 00 feet; Thence N41°55' 00"E, 205. 00 feet; Thence N48°19 ' 00"E, 226. 00 feet; Thence N80°48' 00"E, 62. 00 feet; Thence $68°28' 00"E, 456. 00 feet; Thence S72°02 ' 00"E, 216. 00 feet; Thence S32°21 ' 00"E, 182. 00 feet; Thence S44°07 ' 00"E, 162. 00 feet; Thence S37°18 ' 00"E, 165. 00 feet; Thence S61°05' 00"E, 320. 00 feet; Thence $69°51' 00"E, 585. 00 feet; Thence N86°42 ' 00"E, 185. 00 feet; Thence N79°41' 00"E , 318. 00 feet to a point on the East line of said Section 5; Thence SOO°21 ' 00"W, 548. 60 feet more or less along the East line of Section 5 to the Point of Beginning, containing 57 . 710 acres more or less. ) Pit;_, '2/._) mos the at l.11 ,Vll s^-% y 1007 ta- . ernwa . In . .a? . -� .Floor, i OSCket w0.78.9`_ k eta,TUSSI }Mt, •"al - DS: er 1.H78 tam Si*p.M ... sallMsititti Aar B.J ott: " s 96 gFs 4.1 u' 09•• ;, 186.09. Irl eo • J . f?eyr tae . tla . °O0e°°tlon'�5.40 .spar. 8. plate et a fi Ws. ur.710 serer more . THE 8O • YIELD t7t1 -t� O � , t art HARE FIE Lo , R19 BY:Rita Jo Kummer,Deputy PUBLISHED: DATLD: SePtember 26,:1979 and,Oa ober September 1018 In eh* se Johnstown Breesee Co_Legal 78-208.Clerk to Bd. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: September 25, 1978 PUBLISHED: September 28, 1978 and October 19, 1978 in the Johnstown Breeze NOTICE. P nt to the toning Iowa of the State of s.medo and The Weld Couny Land 4.5442" tt 1aIahapuoncIWilliq lilt 11III Mw WmWn II <ow,., • _Street,orizern, WL_Col- tecitled.All persons l yl any man- AFFIDAVIT OF PUBLICATION � .dM following ea�eetedro° attend ° and hehea d. BE rAtsO KNOWN that the text and maptio certified by the County Planning CohynWealan may examined In the Of- ficlt of the Clerk to the board of the Coun- ty Cemminlonen,located in the Weld Canty-Centennial Center, 9is 10th County of Weld , Slnat;TMrd Floor,Greeley,Colorado. Z DKat No.ye.66 )/ SS. Lee wleck"Nal MRS Redwine Place State of Colorado \ Longmont,Co.10501 / Data:November I,1971 Time:2:00 P.M. Regent: Change of Zone" A- Agricultural toE-EstateDistrict LOCATION: Approximately one and one-half miles Northeast of Erle, Col- orado. I, f '• do solemnly swear that I am 'theTHE BOARDOF COUNTY COMMISSIONERS publis er of the Farmer and Miner, a weekly news- WELD COUNTY.COLORADO BY:MARY ANN FEU ERSTE IN payer printed and published in the Town of Frederick, COUNTY CLERK AND in the County of Weld, State of Colorado, and having a general circulation therein; that said newspaper has been continuously and uninterruptedly published in said county fifty-two weeks prior to the first publica- tion of the annexed notice, and that said newspaper Is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30, 1923, being Chapter 1939, Session Laws of 1923,4s amended by Chapter 113 of the Session Laws of 1931; and as further amended by Chapter 155 of the Session Laws of 1935; that the annexed notice was published in the regular and entire issue of every number of said weekly newspaper for a period of / consecutive issues, and that the first pub- lication of said notice was in the issue of said news- paper dated E t' ' , 19 ? news- . , and the last publication was in the issue of said newspaper dated , 19 In witness whereof, I have set my hand this -S day of d-<r: G,- 19 --, .' .PRrblr,l l,.r Subscribed and sworn before me this ,1 -- day of Cr. , 19 I r Notary Public My commission expires ' 11 j AFFIDAVIT OF PUBLICATION :-.444r4 .ti. • . L.. i, THE JOHNSTOWN BREEZE " STATE OF COLORADO ) •,. . s ) ss. COUNTY OF WELD ) I, Eugene Thomas, do solemnly swear w that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and mu - et published in the County of Weld, State of ,. A tF � Colorado, and has a general circulation :! -T r-. �r� -�;,.K '�"'i o`"`t :,� therein; that said nespaper has been a ; '' published continuously and uninterrupted- tao.reetk ly in said County of Weld for a period of more than fifty-two consecutive weeks f *tat prior to the firs publication of the annexed taeol; legal notice or advertisement; that said Rt6 w tt newspaper has been admitted to the Time.tie p:y,` 1^,;rsiy United States mails as second-class matter o under the provisions of the Act of March 3, [ �to�akaa %ci 1879,or any amendments thereof,and that 6r aA1.ASecitutON c - said newspaper is a weekly newspaper [A•yamat in the. of duly qualified for publishing legal notices tp and adrtisements the laws of the State of Colorado. thin the meaning of Colorado j.:%:. ` I .,.s _ at=th . , of That the annexed legal notice or !••• • -. a�i advertisement was published in the "^ . { y regular and entire issue of every number of .:, ..;',L' 1 , . • ! said weekly newspaper for the period of oZ insertions; and that the „ Y first publication of said notice was in he -. issue of said newspaper dated..>S , T A.D. 19..ZY...., and that the last publication .4 ffy it ', ,; • of said notice was in the issue of said t.,` newspaper dated O c ", A.D. 19 7. ' In witness whereof I have her unto set ,,,st-- °'A g my hand this'd°ll!day of C'tt. TOo t ; e80 d° a air' B; A.D. 19 -7('1 de ' ill" .. 00" 142.00 hist- IN 1$ ', E:,<.1pp�m Publisher. alai 9eiA16 e &', Subscribed and sworn to before me. a - WtBNA 6 e a,en taetEnj�laa Notary Public in and for the County of Weld,State of Colorado, this J 0 , /1 day .730 so of G' d A.D. 199 'e1BaBoCefpBti®e /�..:;: !�✓.<. :. wdtus tlitki ar, Notary Public. i#it: "`i' x //S'/My commission expires /l /,c Bt:ritt+foIamabrpeplity. 'deptedher as,ins dtter ettotie, ifl- In-'the O°"ttegal #to Ba,:. \ . AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, Eugene Thomas, do solemnly swear that I am publisher of The Johnstown • Breeze; that the same is a weekly newspaper printed, in whole or in part,and published in the County of Weld, State ot • Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupted- ly in said County of Weld for a period of more than fifty-two consecutive weeks PUBLIC NOTICE . prior to the firsi publication of the annexed NOTICE OF PUBLIC HEARING legal notice or advertisement; that said The Weld County Planning Corn.: newspaper has been admitted to the: mission will conduct a public • United States mails as second-class matter hearing to°revi w 18, re9uestifor under the provisions of the Act of March 3 'AR Aggrlculttuurragto l ' Estate 1879,or any amendments thereof,and that District Lee Wieck,etal one said newspaper is a weekly newspaper parcel of land described as Pt. SE%.,Section 8,T1N,R88W of the duly qualified for publishing legal notices ' 8th p.m., Weld County, Colorado containing 57.710 acres more or and advertisements within the meaning o ' less. • the laws of the State of Colorado. This public hearing to be held by Com- That the annexed legal notice of the Weld County Planning mission for the considera%on of advertisement was published in th( the above referenced request will regular and entire issue of every number o i be Hearirinrg Room said weekly newspaper for the period 0 First Floor,Weld County Lenten• nial Center, 915 10th Street, /Greeley, Colorado. comment. or, consecutive insertions; and that th( objections related to the above first publication of said notice was in th( • reo�ueet should be submitted in writin to the Weld County ,G4+�e oZ De rtgment of Planning Services, issue of said newspaper dated 91610th Street Greeley,Colorado 80881, before the above date or resentedatthepublichearingon A.D. 19 76 , and that the la t publicatior • gwy 1e, 1978. pp of said notice was in the issue of sai( available ies forhpublic application are newspaper dated.,/Inv' 2'2 A.D. 19 7g the Department of Planning Services, Room 310 weld County In witness whe eof I have hereunto se •Centennial Center,91010th Street,• ' Greeley,Colorado(88&4000 eaten-' .ton 4M). my hand this;" day of.it''e`'J Chuck Carlson, an A.D. 19 75 Commission Br be published in the: Johnstown' pL iV/`/,Y"•"' or C}A-fr.,,et,L Breeze To be published one time by:June Publisher. 22, 1978 Published in the JohnstownBre Subscribed and sworn to before me. Legii°E8-9ehlie 78-98-Planning Notary Public in and for the County ( Weld,State of Colorado, this 42- da of in e; A.D. 19..2i I I Notary Public. My commission expires d�A. a-. Date: Ji - 18 , 1978 ,u .4 C/V:k NlU•.iUI i : Z-303: 78 : 7.-.-.---- . ._-.- NAME: Lee IY eck fetal. REQUEST: Change of Zone frQQ "to "E" LEGAL DESCRIPTION: Pt. SE+ Section 5, T1N, R68W LOCATION: 13 miles east and ].A miles north of Erie THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST LW approved FOR THE FOLLOWING REASONS : 1 . It is the opinion of the Department of Planning Services Staff that the applicant has complied with Section 8. 3 of the Weld County Zoning_ Resoluti0n which states: "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary_ Recent findings and oral statements by petitioners should show very clearly_ that Fitter the oritTinal zoning was faulty or that • changing_conditions conditions in the area_noly _pstify_-a- new classification. Without the presentation of such support indocumentation,_the County Planning Commission should not recommend a change_-_of zoning. " It is the opinion of the Department _-of Planning Services..._Staff that the applicant has demonstrated the changing conditions in . the area not justify a new zoning classification . This is based upon : A. One changing condition is that the Town of Erie adopted a Comprehensive Plan in March, 1973 which designated the area in question as future suburban residential development . This rezoning request _is consistant with the designated land use of the Erie Comprehensive Plan. B. Another changing condition is that final platting of the adjacent land to the south, known as Parkland Estates, was approved in September , 1977, for residential development . 2. It is the opinion of the Department of Planning Services Staff__ that the request is consistent with the WeldCountI_.Comr.)rehensiie Plan. One of the policies of the Weld County Comprehensive Plan which applies to residential-type development is: • "Proposals for new residential development adjoining existing municipalities shall be encouraged so long as they conform to the desires of the town as expressed in their comprehensive plans. " Comments : To Date, our office has received six letters of opposition to this rezoning request from surrounding property owners living in the immediate area. Copies of those letters are included in the attached packets. BEFORE THE LD COUNTY, COLORADO PLANNING C( ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date September 5, 1978 Case No. Z# 303 : 78 :7 APPLICATION OF Lee Wieck, etal ADDRESS 6623 Redwing Place , Longmont , Colorado 80501 Moved by Percy Hiatt 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 rezoning from A ( Agricultural District) to E ( Estate District) covering the following described property in Weld County, Colorado, to-wit: See attached be recommend ( W9 (unfavorably) to the Board of County Commissioners for the following reasons: 1, The proposal is not in conformance with the Weld County Comprehensive Plan which sets forth that new residential developments should be located adjacent to existing municipalities and should be served by municipal services. 2 . The proposal is not in conformance with the Weld County Comprehensive Plan in that the Plan sets forth that new residential developments which are not closely connected to and served by municipal utilities and services shall be discouraged. 3. The proposal is not in conformance with the Weld County Comprehensive Plan in that the development is to be located on prime agricultural lands. This is basically in conflict with the Weld County Comprehensive Plan in that the Plan sets forth as a basic premise Motion seconded by: Irma White Vote: For Passage Chuck Carlson Against Passage Percy Hiatt Abstained Fred Otis Jerry Kiefer Abstained James Gilbert Frank Suckla Bette Kountz Irma White The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phi] ] ips , 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 September 5, 1978 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 7 day of September 19 75. iTATE OF C R DO COUNTY OF WELD B`' c filed with the Cierk of the Board � h .* of County Commissioners Secretary S EP 81978 /moo �it._. cauxn G)- K nwo RIcorerw(, at r � _ A LEGAL DESCRIPTION, A TRACT OF N THE- A F 1/4 OF NEC. 5, TIN FT 68W OP l 1iF.- 6TH OM. , ¶2 COUN IY , COLON?.DO. ULOINN INC A F HE, _;I CON. ;1F SEC. 5, THENCE S86°52'53'0'; 2721.E FT I RECORUEIT n'. DEED AS FECEPTICN NO_ 1523723 AS SD9°GS.W 2724 .7 FT. ) 10 THE SW C0fFNER r)L THE SE I /4 OF 5AID SEC. 5; TIl/NCE Al ONG TFIE '.'ir. SI I INC OF TIIE ' , I/4 OF sA ':EC. 5 , T!'!' 21'4C !E ( DICONLEII N(C°.".S'FI A HI ', I ANC F. OF ;.CC FT. A'_ONG TIIL ,NESI L, I:',IE OF SAID L /4 TO A f(IINF 0PPF(UX IIAAATELY 30 FEET FRDIA THE : L_'MEP COTTONWOOD DITCH ', THENCE DY THE FCl_LOV,ING _ ,URS . S AND DiGTAT.CC5 AROUND AND SOUTHERLY FIiOIA SA C NIT CH ; . N51° 40'00"E FT. ( ETE.C',II DE A S N53°43'E 55.(10 Fi.) ; IHENCE n:1° (JOE:{,F. 511. 50 FT. THENCE G _O° 3't'O' W 212.00 FT. ; THENCE NCEO'210)"E 60.00 F T THENCE TI .1 °55'LOE 205.00 FT. ; IHENCE N4D°J0.0,). E ;25.00 FT. ; THENCE T.t.;'4 DI 00"E 520") FT. THENCE SHOO°28'00 E 4NC 00 FT. ; [HE. ICE S72°0210D"E 215.00 FT. ; THENCE 532°21 'O0"E 182.00 El_ ; T FENCE 544°07'OO' E ICS 00 F1 ; THENCE S37° Ib.00"E '05.00 FT ; THENCE SCI°x,5'00"E 320.00 FT, ; I ;ICNCF $69°".I'OO"E 585.00 FT. THENCE NHC°425,O' L 1HS00 Fl. ; [HENCE N75°41'OO E: 318.00 FT. TO A POINT ("N THE EAST LINE OF SAID 5! C. 5 ; THENCE 500°2100-W 540. 60 F T. MORE On I LSS ALW TI! THE E AST LINE OF SEC. 5 TO THE POINT OF HEGINNING , CONTAINING 57. 710 ACI+ES , MARL OR IT )S, BEFORE THE _LD COUNTY, COLORADO PLANNING Cl ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date July 18. 1978 Case No. Z# 303 :78 :7 APPLICATION OF Mr. and Mrs, Lee Wieck, etal ADDRESS 6623 Redwing. Place , Longmont , Colorado 80501 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 Plan,` �no Co'?rr scion that the appli- cation for rezoning from A ( lr S . ,1 District) to E ( Estate Oistric'..) cb? r `.ng the f&-' ig described property in ;;cld Coufi Colorado, to-wit: See attached be recommend (5 ccxxbc) (unfavorably) to the Board of County Commissioners , T X ZN₹C"gXXlia@MX Motion seconded by: Frank Suckla Vote: For Passage Chuck Carlson " age Ben Nix Frank Suckla Jerry Kiefer Percy Hiatt Irma White The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. 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 18, 1978 and recorded in Book No. VI of the proceedings o the said Planning Commission. Dated the _ 19 day of July , 19 78• STATE OF CO RADO �-- �\`\ynJ COUNTY OF WELD ss. $a_Cre tar I ilad with the Clerk of the Board of County Commissioners JUL2 1978 7;.3a 4i couxrx•c OR Rno 9moROFR By 1/ _ Deputy ,,i 10Wi' • LEGAL DESCRIPTION : A TRACT OF LAND IN THE SE 1/4 OF SEC. 5, TIN, R68W OF THE 6TH P.M. , WELD COUNTY , COLORADO. BEGINNING AT THE SE COR. OF SEC. 5, THENCE 589°52153"W 2721.54 FT. (RECORDED BY DEED AS RECEPTION NO. 1623723 AS SB9°55'W 2724.7 FT. ) TO THE SW CORNER THE WE ST OF 1/4E OF E SAID OF 5 , NOO°21.4; THENCE 6�E ( RECORDED ALONG AS G NOO°231E ) A DINE I STANCEF THE 1/4 E OF 266.00 FT. ALONG THE WEST LINE OF SAID SE 1/4 TO A POINT APPROXIMATELY 30 FEET FROM THE LEYNER COTTONWOOD DITCH ', THENCE BY THE FOLLOWING COURSES AND DISTANCES AROUND AND SOUTHERLY FROM SAID DITCH; N51°4000"E 54.24 FT. (RECORDED AS N53°43IE 55.00 FT.) ', THENCE NOI°O8b E 513.50 . ; THENCE NOO°131OOW 282.00 FT. ; THENCE N28°2IOO"E 80.00 FT. ; THENCE N41°55'00"E 205.00 FT. ; THENCE N48°191OO"E 226.00 FT. ; THENCE N80°48.00"E 62.00 FT. ; THENCE 568°28'OO"E 456.00 FT.; THENCE S72°02'OO'E 216.00 FT.; THENCE S32°21100HE 182.00 FT. ; THENCE 544°07'OO"E 162.00 FT. ; THENCE 537°1800"E 165.00 FT. ; THENCE S61°05.OO1E 320.00 FT. ; THENCE $69°51.00"E 585.00 FT. ; THENCE N86°4200"E 185.00 FT. ; THENCE N79°41100' E 318.00 FT. TO A POINT ON THE EAST LINE OF SAID SEC. 5 ; THENCE S00°21'OO"W 548. 60 FT. MORE OR LESS ALONG THE EAST LINE OF SEC. 5 TO THE POINT OF BEGINNING , CONTAINING 57. 710 ACRES , MORE OR LESS. ti BEFORE THE WELD COUNTY PLANNING COMMISSION August 1, 1978 Upon petition of the applicant and after reviewing all the facts and circumstances, the Planning Commission voted that they would re-hear the Lee Wieck change of zone application on September 5, 1978. Motion by Frank Suckla that this request be heard again. Motion seconded by Ben Nix. VOTE ; For Passage Abstain Against Chuck Carlson Ben Nix Jerry Kiefer Percy Hiatt Frank Suckla Irma White Bette Kountz Motion carried on a 7 to 0 vote. The Chairman declared the motion approved and ordered that a certified copy of this be forwarded with the file of this case to the Board of County Commissioners for further proceedings . WEL➢ COUNTY COMMISSIONNffa tJG1978 E U GREELEY. COLO. 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 . ,• dopced on August 1, 1978 and re- corded in Book No . VI _ of the proceedings of the said Planning Commission . Dated the 2 day of August 19 78 Secretary FREDERICK L. GINSBERG ATTORNEY AT LAW 3600 SOUTH YOSEMITE SUITE 840 DENVER, COLORADO 80237 (303) 773-1405 PAMELA A. GORDON September 19 , 1978 Office of Board of County Commissioners Weld County P.O. Box 758 Greeley, Colorado 80631 Attention: Mr. Ed Dunbar, Chairman Re : Mr. and Mrs. Lee Wieck, et al./Request for Zone Change A-Agricultural to E-Estate District Dear Mr. Dunbar: On behalf of our clients, Mr. and Mrs. Wieck, et al. , please be advised we are requesting that you proceed with the hearing in the above matter as soon as possible. Please let us know the time and date for the hearing, and also if any additional information is needed in order to expedite the matter. Thank you for your assistance . Very truly yours, FREDERICK L. GINSBERG, P.C. l C BY : 76 • rederick L. Gin erg FLG/mh cc: Mr. and Mrs. Lee Wieck 7177 GR EELFY. cot-0. :ziING nl.r 1Cn�tIni!- Wood County P.Innniol, Dni?,trt;nr! I. i,•,1'' 11:11.1-'3 °C, Gt''"'7ry, Colo. PLOT, PLANNING U' i'AItIDIN U ] ONl !: CASLif NINVII!.h ___ — C III "l .)ii' C , s r : _TIP _RANGL:---._..._ CC HCAiJN(. DAT!?:_ LAID CODE T: _?%i:_...._._.__._-_-._FEY:. - -- -- S111±..11' CODE: l:ipP: 1'0'1.' L 1 . SUB•_ >U 2 241 )i , ';tt 'I'0: 1, ,( ,1tor. 2) 111 ,e: WV., ; r, : rT/6e= _ — 3 —._____ rv,co : LI C AI, i)E'r,I, API l:)VA1 • 'EL' Pr; h. ,1!'f LJC,AN I RI .., _ ! .) '; E 1 ,)1 if! Pi?!) I;il;; +,11 C".1 ff , `.L, !I! . i CJ. I :t Print or typo only, except for noci ' r: :15r,•:atnreo. I (wo) , tho unde: uigno^ , 1i .r 1'': tO/4 :1'. it It- 111 1"i -r�r, n 'U, ldol 1 non It, . 117'imi n r +lol ;rt,-,i r,, r,_t.l D. t1.? } _:a )d.i.c 4rn::x.`I1 ,l '-115:. . oporni,al area. Commission concerning I 1 '+�f; of Weld County: LEGAL U,12,G UNION A tract of land in the SE 1/4 of Sec. 5, TIN, R68W of the 6th P.M. , Weld County, Colorado. Beginning at the Southeast corner of Section 5 , Thence S89°52' 53"W 2721 .54 ft. (recorded by deed as reception no. 1623723 as S89°55'W 2724.7 ft . ) to the Southwest corner of the Southeast 1/4 of said Section 5; thence along the West line of the Southeast 1/4 of said Section 5, NOO°21 '46"E (recorded as NOO°23 'E) a distance of 266.00 ft. along the West line of said Southeast 1/4 to a point approximately 30 feet from the Leyner Cottonwood Ditch; thence by the following courses and distances around and southerly from said ditch; N51 °40'00"E 54.24 ft . (recorded as N53°43 ' E 55.00 ft . ) ; thence N01 °08 ' 00"E 513. 50 ft; thence NOO°13 '00"W 282.00 ft. ; thence N28°21 'D0"E 80.00 ft . ; thence N41 °55 ' 00"E 205.00 ft. ; thence N48° 19'00"E 226.00 ft. ; thence N80°48'00"E 62.00 ft. ; thence 568°28 '00"E 456.00 ft. ; thence 572°02 '00"E 216.00 ft . ; thence 532°21 '00"E 182.00 ft. ; thence S44°07'00"E 162.00 ft. ; thence S37° 18'00"E 165.00 ft. ; thence $61 °05 '00"E 320.00 ft. ; thence $69°51 '00"E 585.00 ft. ; thence N86°42 '00"E 185.00 ft. ; thence N79°41 ' 00"E 318.00 ft. to a point on the East line of said Section 5; thence SOO°21 '00"W 548.60 ft. more or less along the East line of Section 5 to the point of beginning, containing 57.710 acres, more or less . ( If nddi-tionnl spume is 1 ','1uito.11 , n*;t''citfl7i ndri1t'_oJol ..hint, n£ t.ht•t ur'v' ei-•r,e) SrdY T LOCATION: Northwest of the intersection of Weld_ County. Roads 5 and , PRESENT i;O1JL Agr lculture S!!!!! ' 1 I :.I "E" Estate - , e, i'1 tR' 1 ALL. 5 acres PULPOSt.: A Subdivls ism 2f single family dwellings I3 1111:, ARID. l'LAI 'FL Y7 I ` .; kx,' • � 1 hi' 1 ,4 , , — 1 I ' ,;I;17 ,. 'r'.1'CGU: 1S -1111S AREA TO LL r.-.,t?'I.," ;, h(X) , , !. , .� . YI'S ( Xk NO ( ) . F I _OWND:iL'i OF ARC.A Fl!OPOhb'') 11:1y CO. 80501 NAM„: Lee Weick and Joyce Weick 6623 Redwing...I' .Z•76-8062 t.f;ME: Donald Smith and Francis Smith ' " I"; 1673 Weld .6ounty__Rd.._ .u,,_ fix 1 cie _C0. t-' 1673 Weld CQu_nty_Rd... .12_._�'Le1..' FriP _C0. NAME: Allen Conklin _end,-P..atC..icia.:.Lonkl i n '' I r f ;,, UP I+. 1 .:.{,:,. 1 n ,n'.:t,. n pons.Is 1 hereby depose nn,3 :Mall !rl�'.•, t 1 :n , � P and/on plans auLm h .;r ,. ,, _ I v3 Ln 1 ' c Ii 7. . . >,'si1 t n,,,, t E . And corroc-l: to tho beat of my knowledge. CCIU.TY OF WELD ) 3lArE: OF C.OI i U (AA.) '.., .1 : C rm ^ 01 1utho:azed Agonl oorern' JN' 6']ip \� 4 ,., Cl SuUs .ribcl anda•rorn to b. -_. _- S E A My commission El irotto REZONING NO. N80°4800"E 62.00 - N48°19'00"E 226.00 \, `/ I ` /568°28'00'E 456.00' � ` N41°5500'E / /S72°02'00'E 216.00' 205.00 1"=400' N28°21001 80.00 \ /S32°21'00'E 182.00' ° 200 44_,_.„ --44 IDD 400 / S44°07'00'E 162.00 ` DATE PREPAR EOM O' APRIL 5, 1978 O O 1 MNI /S37118'00"E 165.00 oil CHANGE OF ZONE* /561°05'00"E 320.00' E V4 COR. A TO E w g• $6903 . _D E N79°411OO"E N86°42'00'E /318.00' _00_ "iii "--.1-135.00, 185.00' O 0 co Z 5 -`,,,,.5 13 w O t0- O `� 0 POINT OF N o BEGINNING § 8 N N 2 ` „ S89°52'53 W 2721.54' \SW COR. , SE 1/4 SE COR . SEC. 5, TIN, R68W SEC. 5 , TIN, 6TH P.M. R68W , 6TH P.M. LEGAL DESCRIPTION : A TRACT OF LAND IN THE SE 1/4 OF SEC. 5, TIN, R68W OF THE 6TH P.P.M. WELD COUNTY , COLORADO. BEGINNING AT THE SE COR. OF SEC. 5, THENCE 589°5253"W 2721.54 FT. ( RECORDED BY DEED AS RECEPTION NO, 1623723 AS S69°55'W 2724.7 FT. ) TO THE SW CORNER OF THE SE 1/4 OF SAID SEC. 5; THENCE ALONG THE WEST LINE OF THE SE 1/4 OF SAID SEC. 5 , NOO°21'4fi'E ( RECORDED AS NOO°23'E ) A DISTANCE OF 266.00 FT. ALONG THE WEST LINE OF SAID SE 1/4 TO A POINT APPROXIMATELY 30 FEET FROM THE L E YNE R COTTONWOOD DITCH ; THENCE BY THE FOLLOWING COURSES AND DISTANCES AROUND AND SOUTHERLY FROM SAID DITCH ; N5I°4000"E 54.24 FT. (RECORDED AS N53°43'E 55.00 FT.) ; . THENCE NOI°O8OO'E 513.50 FT. ; THENCE N00°1 3100"W 282.00 FT. ; THENCE N28°21 0011E 80.00 FT. ; THENCE N41°55'00"E 205.00 FT. ; THENCE N48°I9'00"E 226.00 FT. ; THENCE N80°48100"E 62.00 FT. ; THENCE S68°28'00"E 456.00 FT. ; THENCE S72°02'00"E 216.00 FT.; THENCE S32°21'00"E 182.00 FT. ; THENCE S44°07100"E 162.00 FT. ; THENCE S37°1800"E 165.00 FT. ; THENCE 561°05'00"E 320.00 FT. ; THENCE S69°51'00"E 585.00 FT. ; THENCE N86°42'00"E 185.00 FT. ; THENCE N79°4100"E 318.00 FT. TO A POINT ON THE EAST LINE OF SAID SEC. 5 ; THENCE SO0°21100"W 548. 60 FT. MORE OR LESS ALONG THE EAST LINE OF SEC. 5 TO THE POINT OF BEGINNING , CONTAINING 57. 710 ACRES, MORE OR LESS. APPROVALS: APPROVED BY THE WELD COUNTY PLANNING COMMISSION ON THE DAY OF I9_. CHAIRMAN, WELD COUNTY PLANNING COMMISSION APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON THE DAY OF 19 . CHAIRMAN, BOARD OF COUNTY COMMISSIONERS ATTEST COUNTY CLERK a RECORDER'S CERTIFICATE' THIS MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK a RECORDER OF WELD COUNTY, COLORADO AT O' CLOCK_.M. ON THE DAY OF A.D. 19 . FILE NO. RECEPTION' NO. DEPUIY COUNTY CLERK B RECORDER I ROCKY MOUNTAIN CONSULTANTS • wc • July 17, 1978 Weld County Planning Commission c/o Tom Honn 915 Tenth Street Greeley, Colorado 80631 RE: Wieck's Subdivision Re-zoning request (A to E) Dear Mr. Honn: Listed below is our responses to some of the comments, concerns , questions, inquiries, and statements of area persons notified as to above referred. 1 . Fails to comply with provisions of the Weld County Comprehensive (Master Plan - Mr. and Mrs. Wieck in their efforts to gain re-zoning and subdivision approval for the proposed Wieck Subdivision have hired Rocky Mountain Consultants, Inc. of Longmont, Colorado, to do their planning, engineering, and it is our and their intent to follow the requirements and recommendations of the Weld County Planning and Engineering Departments. We have met with Mr. Tom Honn and Mr. Frank Smith or members of their staff on several occasions and have been advised of what required planning and engineering information has to be submitted prior to their re-zoning hearing. This information has been submitted and to the best of our knowledge has been accepted and if further information is required we shall be most happy to supply whatever is requested. It is our understanding that the Erie Comprehensive Plan adopted by the Board of Trustees of Erie, Colorado March 8, 1973 has been adopted and incorporated as part of the Weld County Master Comprehensive Plan. This plan shows the Wieck Subdivision area as suburban residential (1 unit per acre) . We have, as required by the Weld County Comprehensive Plan, contacted the Town of Erie and have received by letter dated May 10, 1978 the Town of Erie's Planning Commissions approval for the re-zoning and preliminary plat request. 2. Adverse effect upon existing ditch systems - The Coal Creek Ditch is located entirely off the Wieck's property and is in a 70 foot ditch easement dedicated on the Carmacar Ranchettes Subdivision Plat. If additional easement is needed or required for ditch safety or maintenance, we would be more than willing to give it. It is our intention to comply with all County standards for irrigation ditch safety as it relates to residential areas. The only possible conflict between the Wieck Subdivision and Coal Creek Ditch would be in the area of storm water runoff and the design of this would have to comply with County and State laws and requirements. Storm water runoff into the Longmont Office: 647 17th Avenue Longmont, Colorado 80501 phone 772.5282 (metro) 665-6283 page two Wieck Subdivision Coal Creek Ditch will have to controlled, regulated and contracted with the ditch company, or totally retained on site. 3. Subdivision should be located where costs are minimized for new facilities and services - The location of the Wieck Subdivision is within a mile and a half from the Town of Erie and directly South of Carmacar Subdivision. This location is within the bases of logical extension of facilities and public services. Letters received from referrals of the Weld County Planning Department from service agencies indicate that there are no serious problems with the proposed re-zoning request. Some referral agencies made recommendations and it is our intent to incorporate these into our subdivision plans. Also, the County Planning Department has letters on file that indicate all utilities are within close proximity to the proposed Wieck Subdivision and each has the available capacity to serve said subdivision. 4. The proposed subdivision project would diminish the agricultural base of the county's lands - With the approval and adoption of the Erie Comprehensive Plan, we assume that future losses of agricultural ground will be taken into account. The limited size of this farm (40+ acres of actual farm ground) plus higher costs of production makes it economically impractical to con- tinue a farming operation. 5. Subdivision would have to be considered medium density - The Erie Comprehensive Plan, page 6-8, defines low density residential as one dwelling unit per 10,000 square feet and medium density residential as one dwelling unit per 7,000 square feet. 6. Are there any flood plain problems? - The soils and geologic investigation by Empire Labs, Incorporated, Materials and Foundation Engineers, states on page 7 of said report that the area does not lie within the flood plain of Boulder Creek or any of its tributaries. 7. Objection that subdivision was too close to Parkland Subdivision and would be subject to aircraft hazards - Parkland Subdivision is an approved sub- division with an approved east-west main runway. People who are concerned about airport and aircraft hazards will not buy homes in Wieck Subdivision. However, the north edge of the runway is located approximately 500 feet south of the north right-of-way line of County Road 12 and we feel that people will buy homes in this area. 8. There is already enough dust on County Road #5 and if more development is allowed, the road should be paved - We agree and would be willing to participate along the Wieck Subdivision frontages of County Roads #5 and #12 in our proportionate share of the costs of asphalt paving of said roads. If I can be of any further help, or if you have any further comments or questions, please feel free to contact me. Very truly yours, Atl1 ,171B ROCKY MOUNTAIN CONSULTANTS, INC. 7nn\ .� �-' fg;\ /rJ� Gu JUL 1928 N O.W. Sheeder, Jr. CD ReCEVELD d p cn cifit4®fIO1 ti 7 W P CONSTRUCTION 6623 Redwing Place Longmont, Colo. 80501 July 18, 1978 Department of Planning Services Weld County Centennial Center Greeley, Colorado We, Lee Wieck and Joyce Wieck have resided in the area of Longmont for several years and are engaged in the business of building and selling homes in the Longmont, Firestone, and Erie area. The purchase of the property in which we are presently asking the Weld county to rezone was for the purpose of building single family homes. As we were not primarily developers, it was necessary to hire a consulting firm. Rocky Mountain Consultants have either gathered the data or guided us in preparing the necessary data required for the evaluation of our rezoning and platting petition. We have expressed willingness to cooperate with the home owners of Carmacar in correspondence with some of the residents and have invited their comments and input regarding the housing and any covenants and/or deed restriction to be placed upon the Wieck Subdivision. As of this date, we have received no replies regarding this. In regard to letters written to the county planners, we would like to make a few comments. In reference to the letter from Mrs. Thurman, representing the Citizen's Committee for Planned Community Development, we ask that our subdivision should not be judged on the premises of Parkland Subdivision, a subdivision already accepted and approved by the county and nearly ready to be built on. In reference to Mrs. Thurman's letter representing herself, the mention of the runway with planes taking off and landing across the Wieck Subdivision, the runway for Parkland runs in an east-west direction; therefore, except for a possible emergency, no planes will he taking off or landing directly over the Wieck Subdivision. We are by no means professional developers who move in, develop ground and move on across the country, as we live, work, and are raising our family in this area. Referring LO Mr. Bean's .letter, we have found very Iiltic, if any, signs of the acreage to be subdivided being the permanent home of the few animals he mentions; the two hawks, skunks, raccoons and pheasants. It is our belief that even in ordinary farming procedures, the nests and homes of these animals can be disrupted. The land use of the area is presently included in the town of Erie's comprehensive plan for low density living. The production for the 52; acres has steadily declined for the past 3 years and have incurred losses for each year. With high costs of farming and maintenance, it would be very difficult, if not impossible, to show a profit on the acreage involved in the Wieck Subdivision. Department of Planning Services July 18, 1978 Page 2 Mr. Dinner's letter, representing Erie Coal Creek Ditch and Reservoir Company and Shirley and Kenneth Koch, referral to reasons is made as follows: 1. "failure to comply with county master plan", We have inquired of and received the information from and the acceptance by the town of Erie to our subdivision as planned. The Wieck Subdivision falls within the Erie comprehensive plan for low density housing such as presently planned. 2 and 5: We are willing to cooperate with Erie Coal Creek Ditch and Reservoir Company and to pay our share of any economically feasible protective features necessary to protect the welfare and safety of the local homeowners and their children, in compliance with Weld. County safety policies. Contact was made by myself (Lee) to Mr. Dinner on one occasion and by Mr. Conklin to Mrs. Shirley Koch, on several. occasions, about the problems with the ditch. 4: The revenue gained from the homes in Carmacar average 79.04 mills for an approximate total tax revenue dollar of $65,000. In the Wieck Subdivision the revenue now gained is $2627 approximately and, when fully built, the Wieck Subdivision will generate approximately $30,000 in revenue for the county and state. In reference to Mr. Lozinski's letter as well as references by others regarding the paving on Road 5, we are willing to participate in paying our share of the cost for paving Road 5. In summary, we have invited comments from local residents and feel that with the rezoning and platting of the Wieck Subdivision, the property values of residents now in Carmacar will be enhanced. We are concerned about the health and safety of the area residents and have therefore studied the factors necessary to give a complete report for subdividing and platting the Wieck Subdivision. With these facts in mind, we ask the County Planning Commission to consider our request for the zoning change from "A" to "E". Respectfully Submitted, Lee Wieck -Joyoe Wieck JUL 1978 o RECEIVED rn Rely m mink taeCea Pie 007 M W-I' CONSTRUCTION 6623 Redwing Pl . Longmont, Colo. 805011 447-9371 76- 3062. Mr. Tom Ilonn. Zoning Administrator Weld County 915 10th Street Greeley, Colorado 80631 Re: Answers to Required Questions for Rezoning, Wieck' s Subdivision Dear Mr. Ilonn: 1. We felt it is undesirable to continue the agricultural use of this property, principally because in the last three years, the alfalfa hay crop productivity has declined as follows : 1975 - 160 tons; 1976 - 120 tons; 1977 - 70 tons. 2. We feel our proposed 'Estate" type development will benefit the entire county by the fact that this kind of development can only be done within municipal or town planning areas, which limits the amount of develop- able ground in Weld County. 3 . The proposed zoning would benefit adjoining lands as they are already zoned "Estate". 4. The property in question already has two residential home located on it. 5 . We don't know, hut, if there are other areas in the county unsuitably "Estate" zoned, we feel it is probably because there is lack of utility service, unsuitable soil , or geological problems in thoseparticular cases. 6. This property is shown as low density residential in the Erie Comprehensive Land Use Plan. The .areas both north and south of this property arc already zoned "Estate". Also, we have shown our plans to the Erie Town Council and have received a letter of recommendation, which you have in your file. z . ^ .\o,20C1? ti 1 Lee Wieck, W-P ConstlUctlon 44- APR 1978 at RECEIVED N web CM" CO Planning Coniston c' P1:1111• ON :i(1PP Ili Ifi(i I{ELI bNLNG Iloard of County Comm i s.:I oners of Weld (.:clt.lnty, Colorado . Court House Grec'1 ey, Colorado Gent.1 ernen: 4e, the undersigned owners of property 1.o3ted 1,'1 thin `)OO I9ret. of the property descrIhe.? in the. 1'e7oninr J a 11'at ion f•uhrplI.!.. ..1 b .,:::4„„__., ♦ f' —_.__. her cl,y pet I on you to orant thlc r^7.:q,i '.": ie(IJp;f and to chancre the Zoninn 1)1.str1_r !. Mop so tli. t the proper t.v invo1 .•ed sha11 be 1r . n'•t 1rr:m ...42,..,,,,„„_. . (�.4,::: orlini I)i�,trict. to . . .__._I_1_ Zonind District. t. t.;:1i in ArIi r+sg De,cri , r n of lr.operty Li lii r] ' • }arrla ,z.1,auz;mR.a..r ;� uyx� .r4G .♦. �� / , '9�_7!"' t, ► +„� fir.�t jay - — — -- s , , < ��1 4.� .� 4)11O -- ` - _ 1A•-7J 2•_Ll//a 1C- , / __ • NAM s HIH ('WtI! PS Hl. I' IHH I PTY WIIHIN I I f 1 1hll MAII. 111f AI)I)UI SS Gary and Sonia Doan 1760 Spruce Dr. Erie, Colorado Dennis and Susan Smith 1133 N. Park Avenue, Johnstown, Colorado Dwayne +'r Carol Bowen 1820 Spruce Dr. Brie, Colorado Sterling Lumber & Inv. Co. 111 N. Harrison Lafayette, Colorado Craig and Charlotte MCInfosh 2418 24th St. Rd., Greeley, Colo. 80631 Wayne & Virginia Thurman 1920 Spruce Dr. Erie, Colorado Robert & Martha Lozinski 1940 Spruce Dr. Erie, Colorado Jack and Patricia Lozineki Rt. 1, Techat Kovsky Dr. Boulder, Colo. Union Pacific Land Resources Corp. c/o Tax Dept., 1416 Dodge St., Omaha, Nebr. Marjorie Hatcher 4780 Weld Co. Itd. 5 Erie, Colorado Dean Cochran c/o Park Land Associates 3953 Fuller Ct., Boulder, Colorado Allen & Patricia Conklin 1675 Weld Co. Rd. 12, Erie, Colorado Donald & Francis Smith 1673 Weld Co. Rd. 12, Erie, Colorado Kenneth ?'c Shirley Koch Rt. 1, Erie, Colorado Joe Brown Rt. 1, Erie, Colorado I„ n '� t, t- 'I ( \ ..l t� - , U S ,k72,1i/ •_ '. .1 _ t . •''�•I , (1 >1 -�'i '1 Lf 42 41 3 _ , • __ I `,,rrl1, < y7 1. 144, '.01 y: 7Hf-,,. J , a, C'{ III I.1. . ,,(( i . .. ,t-fllfl:. 1 . ,1 of .�Ir ` .. j ` J& 9.1'‘ j ', 4 . -' , i t C.., -,.a In ( :J w, ' 4: a s J ?ii, hI !. CI •7: r ' q� l ? '13 (.7- 1 I �I'9:l4) b naN - I„ ' rt r• '-' V: 4 4.1 e -Pie,.. .I1A 'T � , Z! _V 6) ' a.I 1-ii r •L- lI 1 ::9 0C . .f f .1 lxl i� 1 ,V , i ' - , Ie - '1 ` V ij I') _. ,*i .i 4 .r tf, .i _ I ,' Vj , . I \..r� •, r r - c1.l .„ , , � t2 2 y a b ci “2 tlt/ / / / /l IV AlH) (,I III AI III Weld taunty I I colt!) 41e/)(JrtmenI nnl I•I enn ,., ,,,,v 1 ,,,,I, I•,v, lx..I rnl nnnu GREELEY, Cot Of IAD() coma ( HHI 011)Kr /1111Py pu.p"1'"I n5nn 1,rlA!P III lit,IIII VinUbm ANNII II M LOP{7. Ca! 'I.,y PI II,r1I1I I IMPS JP M P vA1IIIIIII f.I1AlIWPPIfT,v AO June 5, 1978 1o(:k,on (;lIc,,..;I Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Weld County Health Department makes the following recommendations for the Change of Zone from "A" to I"E11 requested by Lee Wieck and the preliminary plan for the Wieck Subdivision to be located in Section 5, Township 1 North, Range 68 West: 1 . An emission permit (fugitive dust) must he obtained from the Colorado Air Pollution Control Division. Forms can be supplied by the Weld County Health Department. 2. No data on ground water levels exist. There have been problems with elevated ground water levels with regard to septic system installation in the Carma Carr Subdivision immediately to the north of this proposed subdivision. 3. Recent traffic count data from County Road "5, indicates high traffic volume. These vehicle counts are in excess of 165 vehicles per day as specified in the Colorado Air Pollution Control Regulation No. 1 concerning fugitive dust emissions. Dust from this road has caused much citizen complaint from those residents of Carma Carr Subdivision. Speed control (35 m.p. h. ) has had little or no effect in alleviating this condition. Over the five-day period ending June 5 (includes a week-end) , traffic volume on Road #5 was 468 vehicles per day north of the subdivision , 229 vehicles per day south of the subdivision. With the projected additional volume of 154 vehicles per day from the Wieck Subdivision, an already poor situation will be further aggreva'ted. Plans should he made to pave, at least. , the one mile of County Road L'5 immediately south of Colorado Hwy. 52. Yours truly, 7g ,„, ir, ,, jQ��C:7i . Ronald K. Secncrict 1, Supervisor ei, fY.r� p n>c��44 _�� Environmental Health Services '\ , \'klg ' ccirlil)r,A CI,- -....... -.-..�__ ..«..�..�..�.-....�r..... worm ram.....••••••• .•..r .r..w• w.v -nr-._.. —wowmnwr.w+aR aor►.rexn•I•.uwwI:-.ttiKlr flit. AIR P(0L jTION Q)NTROL - FIELD INSPEcTiot. 4OI K SWEET Key Punch Data: County :source Emi_is'oon a Action 1).ite Acjency/ Number Humber Paint II Typo Ma D.iy Yr Indiv. ID Line 1 1011101 1213-iLldl 1 1 1 t h i00110l 1919171 1/121 1°11,1.t/l?l.l 141°10l 1Nl 1 3 4 7 8 12 13 15 16 I8 52 54 59 66 69 80 Compliance Status Line 2 (Dup. cols. 1-15 from Line 1) L9.l°151 11 l ICI 16 18 78 80 (NOTE: Coluuns not shown must be left blank) ( Do not punch Line 2 if column 78 is blank) Company: Wv far- S. ( •3' /f toy 6.--.) SIC: Address: ----TPAFPtC �4Vivi - ( County: CA/54) Person Contacted: Phone : _ Ins pected by: /�OW ‘SYtt4.1 S7f&?rC •aifr2TAt ` 41C,'¢P Time: •A_ M/PM 0,01_Q. 1-1 WI. . 52 r____________ 60- rui 5.31 •r18 t.bur 'i- 0 c # it,) (1:ZS PM ) fi�y(. .r. 4— co,,n N) ;. 3 (r. +s P.")) 25.7s r a . ‹„, - ,(c ►,) ( %t: 3SAw) ?9? a G iil oa5"� S (ii:4so �►-) a�` 73 l i c � 61 R _ (s• 2 •?F ,,..;art..., N ( I:30 e.r,) gq c,,e1 (s) ,,w S ( ;:•yc P."'.) 3oi(. _.. _ — �______ t -' W A•L Co . 5 -`7 8 kr N ( o -) ci?s 9 3 S (cgs e►h) 3`7I "t ,, ctrr89 . 3irg 144(a as?5 APC-78 (Rev. 7-77-10) }3 5 �3 �- 5 1t `- TOWN OF ERIE Pl11 ICI' Uf PAII11.1CN! G4r; ,,, IIIPI)OI( FIIi : Of I'APIMFNI 020-3200 ❑OT 911 020-3232 ERIE, COLORADO 60516 626-3643 449-3085 May 10, 1978 Coon rtmcnt or Pa.a.nn:i_nr; 6erv:i cc ;rind County Centennial Center 915 10th St . Greeley, Colorado 80631 At1. : Clinch Cunlif'f Hear ;; LI' : Plcaae be advised that the Kris Plnnnini7 Commission has no objections to the reson:in:T application or the preliminary subdivision application submitted by Mr. 1:- Mrs. Lou „iccic . however, it should be noted that the Erie Piro Department doss not service any areas outside the Erie Town limits. Sineorel.y, i • /�( ( ,- r Sue Gue11.de Assistant Tovin Clerk Planning Commission Secretary lc' MAY fu> R'EC51VED a- �M O� Y'z II Ccl;r,t'; ): ��1 ! f^ b in MELVIN DINNER A TTORNEV AND COUNSELOR AT LAW Inc CREEL,- NATIONAL RI A2A GREELEY, COLORADO 60631 n•,.00ATr TELEPHONE 303) 352200' THOMAS E. HELLERICH June 6, 1978 Weld County Department of Planning Services Weld County Centennial Center 915-10th Street Greeley, Colorado 80631 Attention: Mr. Chuck Cunliffe, Assistant Zoning Administrator Re: Application of Lee and Joyce Wieck, Donald and Frances Smith, Allen Conklin and Patricia Conklin for a Change of Zone from "A" to "E" Re: Application of Lee and Joyce Wieck, Donald and Frances Smith, Allen Conklin and Patricia Conklin for a Preliminary Plan Approval - Wieck Subdivision Opposition by Erie Coal Creek Ditch and Reservoir Company, Kenneth and Shirley Koch Dear Mr. Cunliffe: I represent Mr. and Mrs. Kenneth Koch who reside at 5665 Weld County Road 3, Erie, Colorado 80516. In addition I also represent the Erie Coal Creek Ditch and Reservoir Company, a mutual ditch company, c/o Mr. Jack Melenyck, Route 1, Box 134, Erie, Colorado 80516, the President thereof. The Erie Coal Creek Ditch and Reservoir Company is a mutual ditch company who owns the Erie Coal Creek Ditch which lies adjacent to the proposed subdivision property and is thus directly affected by the proposed subdivision which is contemplated by Mr. and Mrs. Wieck, Mr. and Ml's. Smith and Mr. and Mrs. Conklin, the developers of the proposed subdivision project. Mr. and Mrs. Kenneth Koch are owners of the property which is adjacent to and borders a portion of the proposed subdivision project. They are thus directly concerned with the proposed development. Mr. Koch is also the secretary of the Erie Coal Creek Ditch and Reser- voir Company and thus finds himself involved in a number of different capacities with the matters pertaining to the proposed development project. J -2- The ditch company and Mr. and Mrs. Koch have made available to me a copy of the Application dated May 2, 1978 submitted by Mr. and Mrs. Wieck, Mr. and Mrs. Smith and Mr. and Mrs. Conklin, respectively, for change of zone from "A" Agriculture to "E" Estate for the parcel designated in their material as the proposed Wieck Subdivision. In addition, the ditch company and Mr. and Mrs. Koch have also made available to me a copy of the Application dated May 2, 1978 submitted by Mr. and Mrs. Wieck, Mr. and Mrs. Smith and Mr. and Mrs. Conklin, respectively, for a preliminary plat approval of the Wieck Subdivision. It is necessary to indicate that my clients are directly affected by the proposed project and this letter shall therefore serve to indicate to the Department of Planning Services, the Weld County Planning Commission and the Weld County Board of County Commissioners that they are opposed to the proposed subdivision project and the contemplated change of zone from "A" Agriculture to "E" Estate. Once again I find myself on behalf of these clients having to raise the issue of what appears to be the total erosion and deterioration of the Weld County Comprehensive Master Plan, the erosion and deterioration of the Subdivision Rules and Regulations, the question as to the effectiveness of County Government to sustain and protect the agricultural base of Weld County. As counsel appearing on behalf of both the Erie Coal Creek Ditch and Reservoir Company and Mr. and Mrs. Koch, it is my intention to outline a partial list of reasons as a basis for rejection and denial of the request for the change of zoning and for approval of the preliminary plan. 1 . Failure to comply with Provisions of County Master Plan. The proposed Wieck Subdivision project is is contradiction of and in violation of the Weld County Comprehensive Master Plan. Examination of the proposed Applications for change of zone and for approval of a preliminary plan clearly demonstrate that the proposed subdivision project is contradictory to and inconsistent with and thus in violation of the basic principles of the Weld County Comprehensive Master Plan, the Weld County Official Subdivision Regulations and the Official Zoning Resolutions of Weld County. As you are well aware, the Weld County Comprehensive Master Plan recognizes that agriculture is a valuable resource of the County and that agricultural land must be protected if agriculture is to continue as a viable part of the County's economy. This same Master Plan recog- nizes that subdivision development threatens "the County's rich agricultural lands" and is thus opposed to scattered developments in rural areas of subdivision development; the Master Plan further recognizes and suggests that subdivision development be confined to areas adjacent to existing communities, utilizing, in effect, existing water and sewer facilities, utilizing existing fire protection and existing police protection and use of other existing utility facilties and public services. This same comprehensive master plan recognizes the source of conflict that exists with irrigation ditches which are vital to the farmer and to agriculture and what are attractive play areas for children of suburbanites. The -3- policies and objections set forth by this master plan clearly recognize that in order to minimize conflicting land uses and minimize the cost of new facilities and services to the taxpayer, industrial, commercial, business and residential development will be encouraged to locate adjacent to the existing incorporated towns now located within Weld County, which I believe are now 28 in number, and in accordance with the comprehensive plans and stated wishes of each of these 28 incorporated communities. Where new developments desire to locate in the rural areas which are not adjacent to existing municipalities they will be required to justify their development with detailed plans accompanied by an economic impact statement and an environmental impact statement prepared by recognized experts, showing all details of how the proposed development would affect the local and county's economic base, the tax revenues and costs of public services such as schools, utilities, roads and health services, and the immediate and long-term impact on the existing environment. According to the information which has now been provided to me, it would appear that the developers of the proposed Wieck subdivision have not submitted this type of material, have not submitted the necessary economic impact statement or the environmental impact statement as required by the Weld County Comprehensive Master Plan. It is also quite apparent that the proposed subdivision is not located adjacent to one of the existing incorporated municipalities or towns now located within Weld County. It is readily discernable that the development of this resi- dential project would create a negative tax base to the county, requiring an outlay of more dollars taxwise than could be produced from the so- called benefits of construction and residential real estate taxation envisioned by the project. This development, like many others, is thus asking the residents and taxpayers of Weld County to endorse, support and pay for a project desired by the developers, in this case the developers, of the proposed Wieck subdivision. 2. Adverse effect upon existing ditch systems. Weld County Sub- division Regulations, Section 8-12 and Section 6-2-I, in effect require that acceptable agreements be made by subdivision developers with the appropriate ditch companies or parties involved. In this connection, no acceptable agreements with the Erie Coal Creek Ditch and Reservoir Company have been entered into by the proposed developers. The proposed subdivision project would adversely affect the ditch operations of the Erie Coal Creek Ditch. The subdivision developers have to date not even made contact with the ditch company. 3. Diminution of the agricultural base of the county. The proposed subdivision project would diminish the agricultural base of the county's lands which are now being utilized for agricultural purposes. This property would thus be changed in character and its utilization for agricultural purposes would no longer be available. The agricultural J -4- and economic base of the county for tax purposes therefore would be diminished. 4. Construction of the subdivision project would create a negative tax base to the county. The proposed project would establish 33 single family residential sites within an area containing approximately 57.710 acres, more or less. This type of subdivision development would have to be considered at least a medium density type subdivision. It can hardly be classified as a low density form of residential development. The project as outlined in the material submitted contemplates the construction of 33 single family residential dwellings in the area involved. The construction of the urban housing project contemplated for the Weick Subdivision would result in a negative tax base to Weld County resulting clearly in the expenditure of more dollars for facilities and public services to provide for the needs of the residents of the subdivision than would he received from the real estate taxes on their residential construction. The area in question for the proposed subidivison does not include any commercial or industrial development and would require the utilization of fire protection, county "police type" services, county road services, schooling for children, etc. , all of which re- quirements would, in fact, exceed the tax benefits derived from the residential construction. 5. Health and safety factors. Although the material presented by the proposed subdivision developers have not demonstrated the location of the Erie Coal Creek Ditch in connection with the proposed project, it should be noted that the proposed subdivision project will lie adjacent to the Erie Coal Creek Ditch and thus create an extremely hazardous and potentially dangerous condition to the subdivision dwellers, and particularly their children. Under these circumstances, the proposed subdivision project which contemplates 33 residential sites, creates a potentially hazardous and dangerous condition, particularly for young children who either accidentally or intentionally would be trespassing into the area of the right of way and ditch facilities. 6. Failure to comply with provisions of the Weld County Master Comprehensive Plan. The Weld County Master Comprehensive Plan provides that the development of new subdivisions should occur adjacent to existing communities. This particular project, even though located near some other subdivision developments, does not occur adjacent to any existing community. Section 8.3 of the Weld County Zoning Resolutions sets forth the criteria for reviewing a request for rezoning. This criteria establishes that "either the original zoning was faulty, or there are changing conditions in the area which justify a new classification". Section 8-12 of the Weld County Subdivision Regulations requires that "existing irrigation ditches shall be incorporated within the subdivision plan in a manner such that their function is not impaired. The ditches shall be protected from encroachment and may be fenced in a manner acceptable to the ditch company". The applicants here have not demonstrated J -5- that the function of the irrigation ditch involved, that is, the Erie Coal Creek Ditch, will not be impaired by the proposed subdivision. No evidence has been presented that soil erosion will be prevented and no agreements have even been submitted to the Erie Coal Creek Ditch and Reservoir Company concerning the proposed subdivision involved. 7. Flood Plain problems. No information has been disclosed as to the potential flood plain problem which may or may not exist in connection with this type of development and its particular location. The enclosed material should not be considered as a total over-all encompassing appraisal of the project but simply as a preliminary guide to outline principal basic reasons for denying the project involved. Accordingly, the Erie Coal Creek Ditch and Reservoir Company and Mr. and Mrs. Koch request that the change of zone from "A" Agricultural to "E" Estate be denied, and that the preliminary plat for the Weick subdivision similarly be rejected and denied. Ver truly y urs, MELVIN DINNER MD/as cc: Erie Coal Creek Ditch and Reservoir Company Mr. and Mrs. Kenneth Koch Eel �> JUN 1 g78 `w ECEI �. weta*ED al J1 a Y Hun I HUE . r ! L r rNG UI)Mm i U Z,- $03 - 5/10/10_ NAME V `I \e.C-C REQUEST e'r A� LO]tc-e, Pre-Lyn Lv as ek\cY LEGAL DISCRIN10N LAND USE N CeOLf.'n]a,CeA`r _ICAThcl_NQ.\\es 1� \ � � � k 11 . --9- Qv-\ 6_ g5AoAe4.__._ w t \cu\\-ral --- ZONING N --_ S,u \ � ura \ � LOCATION \ ‘/2,, -1 E Y_\� +1,1 - ------ rat r\OY 1 ._4?-0.SS F r\� S E -\--a\-e.,- N COMMENTS : Tuio e x1s_\-N\i c.\ �owi— S C `n S\- S`''n a.\\ &rf v-cA uxe1 --. __O...- 04 W0rvv\ rte- \ oca\eA- Qn- Qs‘ro'x'S'n.tti\n c Y Si kA ^-..- .__ \\,....) o CecS PS 1 'E x\s\te -tom �� - -- rest\ cQ.., -- \ r r\c\_ __A t ke L s cr y S W_t-Y\-ey % T-1 "-lkeer I Yid `f_cyn_ _____a -e^ kr ' -- a i-�n- --S SA 1_,2_,___-'____v_ __ B.v .01\ikiaa* 4.- `4,,,,,, 127H MAIN 51111.1 : I ON( MONI,COI OIIADL)801,01 May 8, 1978 Mr. Chuck Cunliffe, Assistant Zoning Administrator Department of Planning Services Weld County Centennial Center Re: Weick Subdivision & Zoning Change 915 10th Street Greeley, CO 80631 Dear Chuck: Our staff has reviewed the above mentioned referrals and offer the following comments: 1 . The soils are about evenly divided between Nunn loam and Nunn clay loam, l-3° slopes. These are deep, well drained soils formed in alluvium. They have an irrigated agricultural capability rating of Class II and a dryland rating of Class III and would be considered as prime agricultural land. 2. The soils have a high shrink-swell quality about them that would require a laboratory analysis to design foundations, roadways and basements. 3. These soils exhibit fair qualities for septic systems by placing the leach lines in the lower substratum or sandy loam material . 4. The project is not affected by flooding or located in a floodplain. 5. The Cottonwood canal traverses the entire west and north side of the subdivision and the covenants would need to be explicit in protecting the maintenance easements of the company. Sincerely, il--f2.(ii_t_tt- /dA Jack Wheeler 6- 89701 President D 4 "j( l� 6.71 JW: rah ti h7.4Y 1978 RE'CE'IVED o-� Feld Coeeq �; Planniad Camniasloe ,ai �9c's?PaezV66 ✓ CONSERVATION - DEVELOPMENT - SELF-OOVERNMENT CPS REZONING NO. N80°4800"E 62.00 N48°I910011E 226.00 � ` /S68°28'001E 456.00' N41°55'00"E / 7S72°02'001E 216.00' 205.00 N28°2100E 111=400 80.00 \ /S32°21001E 182.001 200 r - -- 100 400 j ` / S44°07OOE 162.00 DATE PREPARED. O-O • APRIL 5, 1978 O 1 o ml /537718100"E 165.00' 8" CHANGE OF ZONES ° E V4 CORI Z /S61 OS OOZE 320.00 A TO E w • 56905 N79°411001E o '^ r� f N86°4 200"E /318.00' _OO_a w' ��5.00, 185.001 I aN 81 � '�' 1$ WI 0 en W r O O a O POINT OF N o • t BEGINNING 925, 8 01 N S89°5253'W 2721.54' \SW COP. , SE 1/4 o O1/ SE COR . 1 SEC. 5, TIN, R68W SEC. 6TH P.M. M4 '11 .4146 , 6TH P.M. TIN, LEGAL DESCRIPTION ' I,3 R68W , A TRACT OF LAND IN THE SE 1/4 OF SEC. 5, TIN, R68W OF THE 6TH P.M. , WELD COUNTY , COLORADO. BEGINNING AT THE SE COR. OF SEC. 5, THENCE 589°525311W 2721.54 FT. ( RECORDED BY DEED AS RECEPTION NO. 1623723- AS S89°551W 2724.7 FT. ) TO THE SW CORNER OF THE SE 1/4 OF SAID SEC. 5; THENCE ALONG THE WEST LINE OF THE SE 1/4 OF SAID SEC. 5 , NOO°2114611E ( RECORDED AS NOO°23'E 1 A DISTANCE OF 266.00 FT. ALONG THE WEST LINE OF SAID SE I/4 TO A POINT APPROXIMATELY 30 FEET FROM THE LEYNER COTTONWOOD DITCH •, THENCE BY THE FOLLOWING COURSES AND DISTANCES AROUND AND SOUTHERLY FROM SAID DITCH ; N51°400011E 54.24 FT. (RECORDED AS N53°431E 55.00 FT.) ; . THENCE NOI°08b0E 513.50 FT. ; THENCE N00°1 310011W 282.00 FT. ; THENCE N28°21100"E 80.00 FT. ; THENCE N41°551001E 205.00 FT. ; THENCE N48°191O01E 226.00 FT. ; THENCE N80°48'00"E 62.00 FT. ; THENCE 568°28100 E 456.00 FT. ; THENCE 572°02100"E 216.00 FT.; THENCE S32°21'001E 182.00 FT. ; THENCE S44°0710011E 162.00 FT. ; THENCE S37°180011E 165.00 FT. ; THENCE S61°051001E 320.00 FT. ; THENCE $69°51100"E 585.00 FT. ; THENCE N86°4 2.00"E 185.00 FT. ; THENCE N79°41100j1E 318.00 FT. TO A POINT ON THE EAST LINE OF SAID SEC. 5 ; THENCE 500°211001W 548. 60 FT. MORE OR LESS ALONG THE EAST LINE OF SEC. 5 TO THE POINT OF BEGINNING , CONTAINING 57. 710 ACRES , MORE OR LESS. APPROVALS APPROVED BY THE WELD COUNTY PLANNING COMMISSION ON THE DAY OF 19_. CHAIRMAN, WELD COUNTY PLANNING COMMISSION APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON THE DAY OF 19__. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS ATTEST COUNTY CLERK & RECORDER'S CERTIFICATE; THIS MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK 9 RECORDER OF WELD COUNTY, COLORADO AT O' CLOCK .M. ON THE DAY OF A . D. 19 . FILE NO. RECEPTIO(f NO. UtPUIY 'COUNTY CLERK ti kLCOHUEH /..q; 4 %j n5-/- JUL 1978 ri La oi on cc, Weld cowry s c 6� 3/ /975 cr, Nall,*Cermisslee thYne di r\- ce 1'54/ t of /11/47/f4/nnq ✓ e/- weer Attn.' C. %t/clC C 't/% //,/'A C2 One C.4.99a Avr .Lee al/;cA ) .2)env -5/ s- ; en (Ant /? c) / / ?7 8, >/°/q( inn//ed try, P'C- SCACQ'N/rny 7C4 t ht ro/t��, )�j P /t c.Sch e14./co/ fey Jon e ZOO //9 / / . 7- t; Any,•e./` pf/c?J t ere ivec/ hag', c9Att f% e /h74enleI ft, ee / /oiqi no/ l h7e Say si it-At fon -e, /' e 4,, el to e r ///' e to.-/y -,C t/ e (4''S) m`"// /ie5 to Gtee%y/ C(0, 2y �c9sr�c. qie//n, fo 01 TAt e7love in eai/mH ec/fcyjYr 9/O es hm74 Con SI/ tv71e_ e He r/Cf e / 8tej PIA cl Peok S/ �"c -o- ,. %L : /7i` I, en Co , /7- , Sos/6 /.. 4. De r - i ',:; ,l i /' c / ) A '11 <: l['', for • // 4? e /V ecA f 7a 41 /, �� ! / o ,, / t. : ,. 7L, / J.» (r" / --G, / 74' % O C2 71-- c? C.147/!yi ,t,7) a PC /2 a s!, 6? S _ . -2 a // O �/.'' 'J c.? lJ -sr (,-) ro C,) c,/ ..C�/�. .,J f� P 6, /1 A. �. .p4 free: ( 2'e revcGD // f\ 8 ci 1 // l-1'e / . C..> r . . �,�p,1516114.189 o MAY 7978 /�, m RECEIVED co wail Cooly 'N.) c— Mating Corrissiae , ::'') sA£?l t£D�6ti0L r I /c7 21 0 06,z-i- '`.C_t, iht. ,,,A O3'2 .t `_' c' /47 7y • '--- ..2-.e:P g.,.,,(ix. 4 5 6 2 3N 4, 6 7/,5 �� / _��( JUN .1978 1t, _ ( / c%' RECEIVED —1 \_ ✓ at _, l_^.( l' �,-Lbit4.LA'-e iS U b .� e--, geld County ( 'o Mannieg Comesaslar V e-Z_ L J-,--ct.0 l 4--t J.' 2 r ,, e.< C,( G GLt'L l "�-L �� ,;(1,::��Y�C �7., C) i*� a- -CRc� r' (Jv l 7t �✓ r �(/l / / `t /ti '�-ic -� -`j�`_ -,:A-c?.re.?n L2 --ic ..'"c ct La.-.-,,- 1, ,t •7�,e7fre. t -e'77Zi -,-, J /l (fr le ly 7 4-------- _,,,,,, Z c-<� tL�, ....-7-2.4....-; 7 !Y- a„�/Y:3-�q�GI'.G -!—�"io -- u UG o l� V 0 L<.t-y.` (J -,l ! ie c if /L�D iL Lc( C7-/Y' i�o��`/:.� c_lrCe Y"<-<_e,ii.t,l'+CF_: ,,,st ,,,_,,,A__/-, i___.4 2,1.2,4,(C.,---,:e--- . v-e-r{ 7026/1,-",- f 7 ' % i /� G6 L(./Y! t Y ✓� �'l�c� l . "cLGi sc`� L �G-s c.-<jLlt. h YL:i LY�eQ / -• G-u"-so/a��., 241 r. 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G° Iyf -.7(.e.c Lerd-c,t e .--17? / ., fl,_, �c.-tA7c_ �� ✓. 4-1 C--1..-,-- A, . /L �� .. /e, �-Lc', 7 "V ,,,//-(21,-, J Alt ' , .-y)G...G4.71 e.._, C•L 6e! Z. :lc` 4,-A, c-i,C-cc J7/t...-(1 ;-1.cy'l --/ :6 4 . / C--r---€Iir�L {,_ �.C....-G �j,�UL L-.t-CC L-Li/ . Cl i J / / / r--. (.1--/ y _ --- L-1-77/- f-� /li-,lam, --I-L.4.1.,7.z_,..6 6± -t L/ `f_ •iL-L�y� ,.�c " - '1.--i--. iYLC-"(.-4.-o _. _--/-6.1% Ct, -CCe--C e://11 :/ 7)/ lT-.7i,L- ./(�cu�L-ems ---%C:-/— ,,----ii-L-4---t-c- ---4::: t/ �9 _ ,«!(t r---\ j 1 <f'-!c J L 71— f l t - U _.,�i1 ,5 ,.. n �1 `9\ ,S.: J �? on 1--, UN 1918 "� ECE7V E) ,' o�, gaa�in�eld °"fh ai June 4 , 1978 rte, Colaissia� ) To: Weld County Planning Commission�`�-cle020.-- y Subj : Proposed re-zoning of property Pt. SE4f Sec. 5, TIN, R68W, 1i miles N.E. of Erie Sirs: I would like to inform you of my objections to the re— zoning of the above named property. I believe that a change to "E" Estate zoning at this time is not in the best interests of current area residents and residents of nearby areas which would be affected by such a change. In particular, I would object for the following reasons: 1 . Schools. There are two new sub-divisions in the Erie area - Parkland Estates ( just across the road from the land in question) and Erie Air Park, south of Erie. A recent article in the Longmont Times-Call estimated that over. 100 new students would be in Erie schools from Erie Air Park alone. Parkland has 90 lots which could easily produce another 100 or more children to be absorbed into Erie schools. The addition of another sub-division • at this time would needlessly put additional pressure on these Erie schools. 2. Roads. The problems of County roads 3, 5 and 12 are legend in Southwest Weld County. Parkland has already put an additional burden on these roads and as yet, no one has even begun construction in Parkland Estates. Road 5 is a total disaster between Colorado 52 and Weld Co. road 12. Any additional use of these roads for a new sub- division would demonstrate complete disregard of current residents. 3. Environment. Residents along all the roads in this area are already living in an enormous cloud of dust which hangs along Roads 5 and 12. Additional traffic would only compound this problem. The field in question is also the home of (among others) a pair of large hawks which hunt the field daily, a number . of skunks and raccoons, and an increasing number of pheasants which are making a dramatic come-back .in. this area. This, of course, would all be lost in the event of a change to "E" zoning. The area in question borders along Carmacar Ranchettes (where I live) and the damage to the environment from Carmacar is great enough. We have enough motorcycle noise, . enough children stalking the area with firearms and enough horse-flies from our present animal population. Parkland Estates promises to add to the ecology the presence of airplanes - creating their own brand of pollution. We do not need another sub-division. 4. Land Use, Last year, the field in question pro- duced several fine cuttings of alfalfa. It is good land with ample water. It would be a shame to lose it forever to yet another sub-division. I would urge the Weld County Planning Commission reject this request for a zoning change. The area around Erie has been exploited enough. It would be prudent at this time to hold off on development for some time and assess the impact of that which has already been permitted. Let ' s see what effect Parkland has on the area before we bring in new developments and new problems. YQu s truly, 6,1 Gary . Bean 1760 Spruce Drive Erie, Colorado 80516 1-828-3516 J Ci ' i.zens Committee for I'launed Craw;unity 1leveln;:,ncut 1920 Spruce ur ivc Uri e , Colorado 60516 Department of 1'laalninr:; :iervi.ces held County 915 10th Street Greeley, Colorado 806,31 Gentlemen : This letter is. in response to the request of Lee Vieck for a chaolfe of none from "IA" Agricultural to "E" i state Zoning on property located -north and east of Erie. T.,e Citizens Committee for Planned Community Development is unalterably opposed to ti is chance for the following reasons : 1. A subdivision built across the street from a proposed runway is dangerous to the lives and property of the pro- spective residences who will live there. 2. The pollution created by Parkland is intolerable and certainly not the place to build homes. A dirt runway, which Parkland proposes to build becomes a dust bowl cdhen the wind • blows--and it blows in this area almost every day . Dust , noise from flying aircraft , and aircraft ewrissi.orls erne tc a ! oll-- ution problem whicl, • is inconsistent wit:r the pollution standards for Ina i.1ita.Lnirig good heai.ti►, not to mcntiou t' c element of constant stress. This situation should not be forced 'upon nor be endured by prospective Pollee owners , w io mi�T_ht not have the 1u►owledge and experience to nrol. erly eveluato these in- herent dangers. 3 . N.ost people are unaware of the problems and misery to be endured livin , in such close proximity to an airstrip. The Department of Plannin:, Services and The Count;: Commissioners • have tare duty and obligation to anticipate t:.ese problems and to protect the lives and interests of citizens under their jurisdiction. Approval of this subdivision will indicate that you coudone the construction of homes in undesirable areas by unscrupulous builders who, as everyone ;snows, will build anywhere , take trrei.r money and run to the bank, and leave the unsuspecting hoMeoti,ner in a mess. Air stri.l►s do not belong across the street from existing residences, and residences should not he built across the street from proposer: runways. e hope you will not abdicate your responsibility to tie people , but rather keep uppermost :in your minds the best interests of the citizens . Therefore we beseech you to deny the :.ieck request for a chant;c of Zonin ; and subsequent constructions of a subdivision. ;�.691011)>> rtes±.,ectfiil:Ly, _ . jo. ''�9' V 918 '4_1. zh�z-tip.. ' ' �r`ir,. _I. lia u. Thurman ,, 6ecre terry IP�� D R�r_E. Citizens Co;:rinit tee for Planned �, WrJ� Community levelcit„ac nt I -654 WO 4* .ti • / Lee Wieck, etal Z-303 : 78 : 7 SURROUNDING PROPERTY OWNERS May 12 , 1978 William W. and Nancy L. Weber Gary 0. and Sonja K. Bean 1.8 4-Pike faenk-8treet��O OR S'S S've 1760 Spruce Drive Erte—Colorado---•-80Si5 �F •,t� �c,_ct� +R "-� � �•� Erie , Colorado 80515 Scott Williams and Karen Saiz Decker Wayne Charles and Lynn Kay 1921 Spruce Drive Peterson Erie , Colorado 80515 5229 Weld County Road 5 Erie, Colorado 80515 Janice L. and Edward H. Stone 1781 Spruce Drive Raymond G. PcMarylane LaRue Erie, Colorado 80515 - 5199 Weld County Road 5 Erie, Colorado 80515 Jack Lee and Patricia Ann Lozinski ?hale 1 -Sq \ Edward D. and Terry L. Lewis Techatkovsky Drive N\iil��OW.;k kvasj 1941 Spruce Drive Golden , Colorado 80401 Erie , Colorado 80515 Dean Cochran , etal Larry L. and Carol R. Nelson Trustees for Park Land Associates Route 1 , Box 214K 3953 Fuller Court Longmont , Colorado 80501 Boulder , Colorado 80303 LaVerne D. and Dixie R. Krueger Robert and Martha Lozinski 1841 Spruce Drive 1940 Spruce Drive Erie, Colorado 80515 Erie, Colorado 80515 James L. and Georgina L. Davis Wayne E. and Virginia R. Thurman 1843 Pikes Peak Street 1920 Spruce Drive Route 1 Erie, Colorado 80515 Erie, Colorado 80515 Craig A. and Charlotte E. McIntosh Richard G. and Joyce K. Van 5599 Weld County Road 5 Proosdy Erie , Colorado 80515 1813 Pikes Peak Street Route 1 Sterling Lumber and Investment Co. Erie, Colorado 80515 dba Lafayette Lumber Company 111 North Harrison Richard E. and Wilma L. Ketelboeter Lafayette, Colorado 80026 5306 Fir Avenue Erie, Colorado 80515 Edwin Dwayne and Carol A. Bowen 1820 Spruce Drive Richard and Carmen V. Chavey Route 1 5346 Fir Avenue Erie , Colorado 80515 Erie, Colorado 80515 Dennis W. and Susan L. Smith Howard Bixler and Joan Sheley 1133 North Park Avenue 761 9th Avenue Johnstown , Colorado 80534 Longmont , Colorado 80501 J Z-303 : 78 : 7 Lee Wieck, etal Page 2 SURROUNDING PROPERTY OWNERS May 12 , 1978 Allen W. and Patricia Conklin 1675 Weld County Road 12 Erie, Colorado 80515 Donald E. and Frances E. Smith 1673 Weld County Road 12 Erie, Colorado 80515 Kenneth E. and Shirley E. Koch 5665 Weld County Road 3 Erie, Colorado 80515 Union Pacific Land Resources Corporation Tax Department UPRR 1416 Dodge Street Omaha, Nebraska 68102 Marjorie L. Hatcher 4780 Weld County Road 5 Erie, Colorado 80515 J CLERK TO THE BOARD CHECKLIST Hearing Title: Lee Wieck, etah COZ, A to E Received from Planning Department 9/8/78 Hearing date approved 9/21/78 rjk Notice typed 9/21/78 rjk Notices sent to: Legal advertising Planning Department io Health Department T-* Bulletin board . - Local newspaper Adjacent landowners Packets made' /L' •�. v /U �, Packets to Commissioners V /.? � DATE: Sept( =_r 21, 1978 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 1st of November, 1978 at 2:00 P.M. Lee Wieck, etal Longmont, Co. COZ, A to E OFFICE OF THE CLERK TO THE BOARD BY: 4-7o j� r+u�.,� Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • iietuarc , ,y n Hello