HomeMy WebLinkAbout20102238.tiff • Sept. 1, 2010
William J. Ritter
22501 County Road 3
Berthoud, Co. 80513
Weld County Department of Planning Services
c/o Chris Gathman
1555 N. 17th Ave.
Greeley, Co. 80631
Regards: Case; PZ 1153, Country Meadows Estates LLC, Request for zoning change
from AG to PUD for 9 residential Lots.
Following are the concerns we have with the above case:
• Our irrigation tail water ditch runs down the front of the whole property of the estates.
This ditch has to be maintained and be accessible to clean out every spring so the water
can move correctly to its destination.
What is the plan to take care of the Noxious weeds? There has been two citations against
the ownership for not dealing with them in a timely manner.
Our farm road that runs along the West side of our property is not an access road and
there will be no traffic coming from any of the lots in the Country Meadows Estates to go
North to get out to County Road 48 using our road.
Thank you,
William and Ellen Ritter
EXHIBIT
• 1 (12•�
2010-2238
• Weld County Planning Commission
C/o Chris Gathman
Regards Country Meadows Estates LLC: Case # PZ-1153
Mr. Gathman
In addition to our previous email and letter in regards to the proposed zoning change from
Ag to PUD 9 we wish to add several other concerns of note.
1. We have lived a 22327 WCR 3 for approximately 16 years, during this time each
spring and early summer, a Red Tail Hawk family has fledged their young in the large
trees on the Country Meadows Estates property.The generations of hawks has been
reared on the northern boundary of this Ag property and learned to fly and hunt from
the trees on our northern boundary. We are concerned that Country Meadows Estates
will not maintain the current Aviary status of these larges deciduous trees for future
generations of this Hawk brood.
2. In the same deciduous trees on our northern boundary with in the AG property
• of Country Meadows Estates, for the past two winters we have enjoyed a large owl.
From our photographs it appears to be a Great Horned Owl (see attached photo). We
are similarly concerned that Country Meadows Estates will destroy the habitat where
this large bird winters.
2
Bruce and Michelle Johnstone, 22327 WCR 3, Berthoud, CO 80513
• EXHIBIT
e
Weld County Planning Department
GREELEY OFFICE
Weld County Department of Planning Services SEP 0 22010
• C/o Chris Gathman RECEIVED
1555 N. 17th Ave.
Greeley,Colorado 80631
Regards: Case; PZ 1153, Country Meadows Estates LLC, Request for zoning change from AG to PUD for 9
residential Lots.
Sirs:
I wish to bring to the Commissioners and Planners attention the following concerns in regards to the
above listed matter.
1. As Country Meadows plans this development for 9 residential lots,what considerations have
they made concerning increased traffic on Weld County Rd 3?Are there plans to black top this
road or utilize an ongoing measure of recommended chemicals for dust abatement. (There are
10 lots in total counting their exempted property.)
2. Does Country Meadows Estates LLC have the necessary financial resources to bring to total
fruition their development in an expeditious manner without relying on incremental sales of the
• aforementioned property to make improvements and meet the Planners guidelines?
3. How will Country Meadows Estates handle the water retention and drainage issue without
adversely effecting property owners and eliminate the breeding of mosquitoes and the advent
of West Nile Virus? (There has already been a neighbor die from West Nile and another ill from
West Nile.)
4. Will the proposed community of 9 residential lots have a "Governance" or"Guiding principle"of
property ownership and maintenance to protect the property values of those already residing
around the proposed 9 residential lots? Is Country Meadows Estates LLC prepared to seek
approval from current property owners boarding their 9 residential lots prior to issuing such
"Governance"?
5. What steps has County Meadows Estates LLC taken for Noxious weed abatement. For two(2)
prior years Weld County has had to issue citations to have Noxious weeds cut and controlled
and has offered surrounding neighbors suggestions and grants to support controlling weeds
coming from the Country Meadow LLC farm.
6. What Steps is Country Meadows Estates taking to manage the alleged toxic waste buried on the
south east corner of their property? Have they had an independent test of the surface and sub
surface soil? This is the same approximate location as the road and proposed retention pond.
7. How will homes be situated on the lots to not block the views to the west of our property, since
our home has had 97 years of unobstructed views to the west?
•
Please consider these as our objections to the development of this property until all these issues have
• been resolved to the satisfaction of the Current property owners adjacent to the proposed zoning
change as well as the satisfaction of the Planning Department.
Bruce and Michelle Johnstone, 22327 WCR 3 Berthoud,Colorado 80513
•
• Weld County Planning Department
GREELEY OFFICE
August 31, 2010 rt.I.; 03 9(11(?
RECEIVED
Weld County Department of Planning Services
C/o Chris Gathman
1555 No 17th Avenue
Greeley,CO 80631
RE: Case; PZ 1153, Country Meadows Estates, LLC, Request for zoning change from AG to PUD for 9
residential lots.
Here are a list of our concerns for the above mentioned sub division.
1. When we first learned of this project,we were told that the Schultz development,'A mile
west, had set a precedent regarding lot size of 5 acres or larger. This project has some lots
as small as 3.4 acres.
2. There is also an underground irrigation pipe which feeds my property on the entire western
edge of the property where the plan shows only a 20 foot access road and drainage
easement. Colorado law states for the purpose of ditch or pipeline maintenance the width
is whatever is reasonable and necessary. I am a board member for the Handy Ditch
• Company and our typical easement contract calls for 50 feet laterally from the centerline of
the pipe or ditch. A 20 foot easement would not allow enough room for excavation and
access to the buried 10 inch line.
3. Since my property runs the entire length of the south boundary of this project how will the
runoff water be directed to the detention pond? In the past years where this parcel was
irrigated the farmer pulled a ditch the entire length of the field to take excess water to the
east and down county road 3,the historic drainage for this parcel. If there is a ditch used for
this purpose who is responsible long term for maintenance and weed control.
4. We have heard of possible toxic waste buried in the area where the proposed detention
pond is to be located. The outflow from this pond would end up in Newel Reservoir to the
south. The water from Newel is used both recreationally and for crop irrigation. Excel had
proposed a major underground pipeline in the area of the detention pond and has since
moved the pipeline'' mile to the north. We wonder why.
These are our objections to this development along with the letter that was submitted by Bruce and
Michelle Johnstone.
Thank you,
Tim and Stephanie Gibson
513 Weld County Road 46
• Berthoud, CO 80513 EXHIBIT
Chris Gathman
m: Chris Gathman
it: Wednesday, July 14, 2010 6:47 AM
'elmigrino@juno.com'
Subject: RE: PZ-1153
Dear Ms. Johnstone,
This application has just been sent out to outside referral agencies (Public Works, the Fire
District. . .) . Referral agencies have up to 28 days to review and provide comments in regards
to the application. This application has not been scheduled for a Planning Commission hearing
or Board of County Commissioners hearing. We are looking at a probable hearing date for this
case in early October. Your property (as well as all properties within 500-feet of the
boundaries of the proposed subdivision) will be notified by mail of the hearing date a
minimum of 10 days prior to the hearing. Also, the property will be posted with signs stating
the date a time of the hearings at least 10 days prior to the Planning Commission hearing.
I can answer questions 1 and 3:
1. The standard for any development in Weld County (including this proposed development) is
that the amount of water running off of the property cannot exceed the historic rate of
runoff on the property. Our Public Works Department is in the process of reviewing the
applicant's drainage plains to ensure that no additional water (above what has historically
drained through your property) runs onto your property.
3. The proposed subdivision will not change your zoning. Your property will still be zoned
'icultural.
In regards to question #2 - what stuff exactly were the farmers referring to (manure/silage)?
In regards to #4. Thank you for the clarification on the acreage amount. We will make note of
it.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
EXHIBIT
Original Message
From: elmigrino@juno.com [mailto:elmigrino@juno.com] �•
Sent: Tuesday, July 13, 2010 7:13 PM C
To: Chris Gathman
Subject: PZ-1153
4Ippd Evening,
I am writing to inquire as to where PZ-1153 is in the subdivision process. We are the owners
of 22327 WCR 3, the house surrounded by this subdivision. I have read their application.
i
• •
I have a several concerns. . .
The retention pond location just to the south of our property, what protects us from the
•
er running through our property? We have resided here for 15 years and have observed the
water patterns running from north to south.
2. The proposed locations of the road and retention pond as my understanding from previous
farmers is that there is not such nice stuff buried there.
3. I am also concerned with the zoning, we are zoned agricultural does the subdivision
change this? We have live stock on our property.
4. Our acreage is misrepresented, according to our records we have 2.729. I will forward
the documentation I received from Weld County. Please double check the work on our behalf.
Sincerely,
Michelle Johnstone
(970)532-0135
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