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Home My WebLink About770028.tiff I1191 • `i AL, AUG 1977 U - -'� ( � Recorded °t ...� ...._._..._... o'clock __� M....t11l.Sd._.._... 5CO( Rec. No. 19; (12f Mary Ann Feuerstein, Recorder RESOLUTION RE: APPROVAL OF PRELIMINARY SUBDIVISION PLAN, OWNED BY PARK LAND ASSOCIATES (A TRUST) 3953 FULLER COURT, BOULDER, COLORADO, 80303, LOCATED IN THE NORTH HALF OF SECTION 8 TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. c 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 LP, t:, affairs of Weld County, Colorado, and 0 WHEREAS, the Board of County Commissioners of Weld County, Colorado, held a public hearing on the 13th day of April, 1977 , _; at the hour of 2: 00 P.M. , for the purpose of hearing the applica- I tion of Park Land Associates for the granting of approval of the Preliminary Subdivision Plan for Park Land Associates on the fol- lowing described real estate, to-wit: The North 15 of Section 8, Township 1 North, Range 68 West of the Sixth Principal Meridian, more part- icularly describe as follows : Beginning at the W. a corner of said Section 8; thence 1) N 01° 15 ' 00" E. 2674.10 feet to the N.W. Sec. Corner, thence; 2) N 89°54 ' 40" E. 2754 . 79 feet to the N. 4 corner; thence 3) N 89°52 ' 13" E. 2721.62 feet to the N.E. Sec. corner, thence; 4) S 01°07 ' 07" W. 2674 . 66 feet to the E. o corner; thence 5) S 89°53 ' 53" W. 5482 .53 feet to the Point of Beginning containing in all 336. 27 gross acres. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the approval of said Preliminary Subdivision Plan and evidence was presented in opposition to the approval of the Preliminary Subdivision Plan for the aforementioned tract of land, and WHEREAS, the Board of County Commissioners has studied the request as submited, and having been fully informed and satisfied that the submitted Preliminary Subdivision Plan conforms in all respects with the requirements of Section 5 of the Weld County Subdivision regulations, and that approval of said Preliminary Subdivision Plan would be in the best interests of the County. 770028 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WELD COUNTY, COLORADO, that the Preliminary Subdiv- ision Plan for Park Land Associates (A Trust) on the above described land is hereby approved. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 11th day of May, A.D. , 1977. BOAR OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO (moor.-. Ale * x � � , 1��..�i�i�c:-mss t�.\111'ATTEST: ^ V / :. o .Lr✓ IWild4efinanty Clerk and Recorder and Clerk to the Board \By: Deputy County erk APPROflD AS TO FORM: County Attorney h Se^ O I'�`N A. C .v N VVV"' To r © ° m O r) r n o A , Q ,N, 'c`\ ? 0 m -. O D IN . � U o D o p 2 z 11: 71 S � 7o Z r no n 4 mir\ Q rc. Lin n g }{ m m 0. ;IC k Di 7a \: 1.. or 0 0 May 5, 1977 1/4"' /tU /114 June Steinmark Chairwoman Weld County Commissioners 4/11 Weld County Centennial Center Greeley, Colorado 80631 27 L Dear Mrs. Steinmark and Commissioners : Thank you for your time, thought and consideration in the recent Parkland Estates controversy even though it was not the dess:zen.- we had hoped it rightfully should have been. It is not going to be easy to accept another situation in which reason falls far behind good judgement. We personally do not think anyone has the right to choose anther's life style - - - - but when it infringes or has the potential for danger to other people in many different ways, who also have that right, then it becomes wrong and very wrong. As far as anyone objecting way back when it first was introduced they did. Until it became open so anyone knew there was such a plan there was no way of knowing. We started opposing it in March 1974 having only moved here in June 1973. Since then there has been numerous commotion aoout it such as calls, letters, meetings, attorneys and countless opposition petitions. There probable are some legal retaliatory measures we could take but if justice within our county is such that allows this kind of hanky peaky our courts would be equally so. Thank goodness one probable isolated and lonely commissioner took a stand according to his convictions. If we all acted morally respon-- sible and let the chips fall where they may, the wrongs probable would not completely stop but they might be minimized. It is really sad the residents in the affected areas, the Erie citizens, the Erie town board, our own Weld County Planning Commission, and most importantly our Weld County Commissioners really have little or no control over the rules, regulations and laws adopted even with legal counsel. The Land Use Commission and the Federal Aviation Adiministration apparently have taken the stand that whatevgr the dommissioners want we will go along with as long as we do not have to make the commitment. Thanks again for your concerted and sincere efforts to try to diplomatically handle something you inherited. May God forgive those for their misguided actions and disregard for the people of southwest Weld County. Sincerely, Shelton S. & Beverly McKim 1945 Mountain View Street Erie, Colorado 80516 cc Melvin Dinner COMMISSIONERS - PARKLAND ASSOCIATES - HOMEOWNERS 5/4/77 -- SUMMARY OF AGREEMENTS BETWEEN PARTIES. (w6,0< 5Ess.o,L ncrF,) 1. FENCING. Fencing shall include the fencing of the Erie Coal Creek Ditch to be completed before any building permits are issued. It shall be a six-foot chain link fence, with no barbed wire. Parkland Associates shall be responsible for general maintenance of the fence and removal of weeds and brush along the fence for 1 foot on each side of the fence. Repair of damage to the fence shall be paid by the entity causing the damage. 2. GATES. There shall be two gates at each end located at County Roads 3 and 12. Maintenance of the gates shall be the responsibility of the Erie Coal Creek Ditch Company. 3. DRAINAGE STRUCTURES. Adequate drainage structures shall be provided, as shown on the final plat. Retention ponds have not been required. 4. SPLIT LOTS. Back portions of split lots shall be left as green belts, and there shall be no development allowed on them. 5. MOVEMENT OF DITCHES. The movement of ditches required for widening of county roads has been determined not to be Parkland Associates' responsibility, and shall not be made a part of the improvements agreement. 6. LIABILITY INSURANCE. Parkland Associates has agreed to purchase liability insurance in amounts of not less than $500,000 per individual and $1,000,000 per occurance and $50,000 property damage. 7. PARTY TO IMPROVEMENTS AGREEMENT. The ditch company shall be a party to the subdivision improvement agreement in all matters concerning the d!tch company, including liability insurance and indemnity procedures. 1 3/4 • PARKLAND MEETING: Page 2 8. SEEPAGE. Parkland Associates agreed to a ditch company request for a waiver of liability for damage caused by seepage from the ditch. 9. RIGHT - OF - WAY. Parkland Associates agreed to expand the easement at the Northwest by West head gates of the Koch Lateral , inside the Erie Coal Creek right-of-way to provide Koch' s a level residue. Mr. Ginsberg will contact Kay and Mr. Dinner by Friday on the issue of moving the Koch ditch. 10. HOME-OWNERS ASSOCIATION. The organization will be formed within two weeks after approval of the final plat. A representative of the Erie Coal Creek Ditch Company shall be a member of the Board of Directors for a period of two years. All correspondence shall be sent to the president of the ditch company. 11. SECURITY. Adequate collateral in the form of a bond, letter of credit, deed of trust or other suitable collateral shall be presented before approval of the final plat. This is a condition of the subdivision plat approval . 12. REMOVAL OF WATER FROM DITCHES. There shall be no removal of water from the Erie Coal Creek Ditch or laterals. The ditch company representative shall report any offense to the president of the home-owners association, and the final plat will include a provision that any person caught taking or removing water from the laterals or ditch shall have a $1000 per act lien placed on his property, to run in favor of the offended party. 13. INSTALLATION OF OUTSIDE LIGHTS. This shall be the individual 's responsibility. 2 • • PARKLAND MEETING: Page 3 14. WATER SERVICE. The 200,000 gallon water storage tank shall be installed before any certificate of occupancy shall be issued. Water service and fire hydrants (within 350 feet of each home) shall be installed before individual Certificates of Occupancy are issued. 15. DRAINAGE AND EROSION STRUCTURES. Concrete ditch structures shall be installed after the 1977 irrigation season and before the beginning of the 1978 season.(Ditch improvements shall be accomplished before any Certificate of Occupancy is issued) 16. SMITH-CONKLIN LATERAL. The Commissioners wish the Smith-Conklin lateral to be piped; Parkland, Smith and Conklin shall negotiate a payment formula. Mr. Smith will contact the ASCS for information on available funds and the feasibility of piping the lateral . Mr. Godwin will be notified. The Commissioners do not feel that the Smith-Conklin ditch should be fenced. The Smith-Conklin lateral issue should be decided before the subdivision improvement agreement is completed. Kay needs this for the agreement. 17. EARTH WORK. The major earth work of the project shall be the first portion of the program to be completed, along with the fencing and the water storage tank. 18. STREETS. Streets shall be paved within a maximum of one year after issuance of the first Certificate of Occupancy for a house on a street. 19. AIRPORT USE. The airport runway shall not be used until the first Certificate of Occupancy is issued, the first house occupied, and the tie downs are installed. The air field will be used by owner-occupants, their guests, and Parkland Associate membership only. Commissioner approval is required for use of the field by others, according to Mr. Ginsberg. Maximum airplane capacity will be 140 planes. 3 PARKLAND MEETING: Page 4 20. COST ESTIMATES. Cost estimates on improvements are needed if a deed of trust is used for collateral . Parkland Associates will have cost estimate figures ready for the Planning Commission on May 17th. Parkland will notify Planning by May 10th to schedule on the agenda. 21. APPRAISER. The matter of an appraiser to determine fees is between the Board of County Commissioners and Parkland Associates. Mr. Ginsberg will contact Mrs. Steinmark on Friday to discuss the matter and arrange for an appraiser. clb April 13, 1977 I hereby certify that pursuant to a notice dated March 7, 1977, duly published March 11 and April 1, 1977 in the Greeley Booster, a public hearing was held on the request of Park Land Associates, Doris McFeeters Trustee, for the following requests: Change of Zone, E to A; Approval of an Agricultural Unit Development Plan; Special Use Permit for an airport; Approval of an Estate Unit Development Plan; and approval of a Preliminary Plan. Ms. McFeeters and other members of Park Land Associates were in attendance as was their legal counsel, Frederick L. Ginsberg. Attorney, Melvin Dinner, representing Erie Coal Creek Ditch Company, Mr. and Mrs. Kenneth Koch and the Citizens Committee for Concerned Development, all opponents of Park Land, was in attendance as were several of his clients. Chairman Steinmark questioned the two attorneys regarding any objections they might have to the present Board of County Commissioners hearing these requests. Neither attorney objected and the hearing proceeded with testimony and evidence received from both the opponents and proponents of Park Land Estates. Both attorneys requested that the Board adopt as evidence for their cases all related documents which have preceeded this hearing. Individual motions and seconds were made to adopt the Matter of Record as evidence for Park Land Associates and to adopt the Matter of Record as evidence for the opponents, as represented by Mr. Dinner. Each motion carried unanimously. After all testimony was heard, Commissioner Jacobucci made the motion to take the matter under advisement to study the record, with a decision to be made at the Commissioners' regular Board Meeting, Monday, April 25, 1977. Second was made by Commissioner Roe and the motion carried unanimously. All five Commissioners were in attendance at the hearing.C BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: COUNTY CLERK AND RECORDER AND CLERK TO THEE BOARD • stet--,^--c i0y L_,) Deputy County Cle Docket No. 77-9 Tape No. 77-39 & 40 ��. i A 'f I' P, ': D A N C I R G C O + D Applicant : Park Land Associates 1 1f11e 2:00 PM Docket r Date : April 13, 1977 U --quest : 5 seperate requests NAME I ADDRESS LQA.0.4::-... ____)( • 6 .3D garattaleriag , 41/4_ _5-445-g troyd -- Of P,,L4,11, Vskcj,_ I z 0,,,c2A,_ O .(.2 ?exc.-7g cl 2 4,7&1- 01 5erretcfenaid g."4t124-1 X (5_,2_42 re -5,(1--C 1/444 I ar r 1.& L.by --f -4-...: i_�t<4 (% /T-Y Y 'k ,A ,7�� z. Lyrirtt .-( 64/ 47.1 _/„44/3/%4L , 5--,5' / /d tom.t___,,,,,..479a,..„. , 0 Z74 eiltf< 1.7',„cH ,-f iTz,, , ,j2, 4....-- 21, 77/-0-346- -//.9 &-IVI-C. 1�_ „. 1r\,.` . ,., _ ,.-t .4 ( , '-11n-Se t 1 - t , e,,It% ,, F. 4 - 1 l � ) .4 1 ,I a-� ✓1' �� " ell- . i Mc I v `^x� KY . ` non 3i0g Jc c, ( I ^ 176o Sh1LcE 0k Figle co c-ogle� 73 1 // / / / 6 L >CY, 49 k /.c(l ( ` ` 00e6cnr:\ ( I I i r Adsv A ir.g L5_ "7, 2_>1 2.----.tAr;/.., -•e,A (.nt ' /r''- -— ----- — sdJya ,r9 re r. 0 ox t 6 Cow 4�/ ' / ��/( G _ ... — mart P/�/r G6_14_,—rd° 7-G A 'I' 'I' _J D A it C 1 It E C 0 D App iicant. : Park Land Associates 1 ime : Docket # Date : Request NAME ADDRESS — � � �� ti� a 810 eke", f Vera N 1174(4.j,4(4.j, est-4 I-4' 4-14 I /' /V 1 �X �'c_'/- - roc / �� : `I�`,- �>C.� I t ptL.I_ •X 41.- (I,1 / Tc-4 I.2 4g" z5.4(4s Ak M 46'ft-1r �EAL F Go3 7 CAR Id? cQ"i'Ste CA - ./, / D��M die. --P€3 a►nd �av CI A , s = rS chn, 1/80LW4-412ir �y/e1 �o/5, cL, ,E,// h ' /fo71, , P&6 ( �vl s� �2 Doti % ctn., • • rye.'• ' HEART NGS • DATE: April 13, 1977 TAPE 5'1° 5'1° DOCKET (/: 77-9 PETITIONERS NAME; Park land Associates DATE FIRST HEARD: PETITIONERS ADDRESS: %Doris McFetters, Trustee 3953 Fuller Court Boulder, CO 80302 • REPRESENTED BY:_ :/A REQUEST:IZCOZ E TO A 2) Approval of Ag. Unit Devl. 3) SUPZAir ort 4) Estate Unit Devel. 5) Request approval preliminary plan (Land Use Permit) LEGAL DESCRIPTION: R68 T1 S8 Nz l , SPOKESMAN: For: J� • Against: , 1 , 4 ' . • • • ACTION TAKEN: cf. (Conditions) • 1 - . • s BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-125 Date 2-15-77 APPLICATION OF Park Land Associates ADDRESS % Doris McFeeter.G 3953 Fuller Court, Boulder, CO Moved by Chuck Carlson 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 Subdivision Plat Preliminary Plan located on the following described property in Weld County , Colorado , to-wit : See Attached be recommendeda¢ (unfavorably ) to the Board of County Commissioners for the following reasons : The Planning Commission finds that the applicant has not demonstrated to the Commission's satisfaction its compliance with all design standards contained in the Weld County Subdivision Regulations, Section 8, or with the requirements of Section 5-4 of the Weld County Subdivision Regulatioi and the requirements of Section 30-28-133, CRS 1973, concerning water supply, or with the requirements of Section 5-4 of the Weld County Sub- division Regulations and Section 30-28-133, CRS 1973, concerning soil erosion. First, Section 8-12 of the Weld County Subdivision Regulations requires that : "Existing irrigation ditches shall be incorporated within the sub- division plan in a manner such that their function is not impaired. Motion seconded by Hen Nix__ Vote : For Passage perry Hintt Against Passage Irma White Chuck Carl Ron Harry Ashley Marge Yost Rnn Heitman Hette Kouvtz Ben Nix The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board ofCounty Commissioners for further proceedings . U AN) 1 W UJ s 4z7 =Q� et 10 , In 1111:1):: Zr 1-2r% r} II) r ul dl-u_ r- 0m 1., QtQ' 73 \1'01 CI v (1..Jnt.. - to , Lott ZW ,N ni.21il � Q2i to m tV Z�O Q()F= ry' ON1- R'lOct1 1 .1- 1-1- 1;(- 1- V1( IT M411 $ _0- 1- 14I-1071 �� zNNNN 10 � lli qt°Z DA. - E ton ion th 14S win i N7 i' Nt -h rU Q 413243p -6111.11Q .. bpi nth) uetet<EIJ it'llt- i m ll m3 3?O zFNQ F= - = = tQi �9 � Qa. ,( (Iti � .r �_ 1. s 11' a < — � o0tO N0m 24-1 z0i�0I I3 1---110.. K?14 1-1011 Park Land Associates S-125 Resolution February 15, 1977 Page 2 The ditches shall be protected from encroachment and may be fenced in a manner acceptable to the ditch company." The Planning Commission finds that the applicant has not clearly dem strated that the function of the irrigation ditches will not be im- paired by the proposed subdivision. Evidence has been presented tha soil erosion from inadequately irrigated lots could cause siltation in the ditches. Concern was also expressed by a ditch company repre sentative about the adequacy of provisions for maintenance of the company's ditch. The Planning Commission has received a letter, dated November 19, 1976, from Mr. Melvin Dinner, Attorney for the affected ditches, stating that no agreements acceptable to the ditch companies have been entered into. Second, the water supply for any proposed subdivision must be suffic in terms of quantity, dependability, and quality as required by stal statutes and the Weld County Subdivision Regulations. To date, the applicant has failed to establish proof that the water supply as prc posed is sufficient in terms of quality. In addition, there are unanswered questions pertaining to the proposed water association and, therefore, the dependability of the water supply. Section 30-28-133, CRS 1973 requires: "No board of county commissioners shall approve any preliminary plan or final plat for any subdivision located within the county unless the subdivider has provided the following materi as part of the preliminary plan or final plat for any subdivis: located within the county unless the subdivider has provided t] following materials as part of the preliminary plan or final plat subdivision submission: (a) Evidence to establish that definite provision has been made for a water supply that is sufficient in terms of quantity, dependability and quality to provide an appro- priate supply of water for the type of subdivision proposed Section 5-4 of the Weld County Subdivision Regulations, requires th, "A Preliminary Plan shall be approved by the Planning Commissil unless it finds the Preliminary Plan fails to meet the require ments specified herein or that the proposed preliminary plan i detrimental to the public health, safety or general welfare as set forth in this section as follows: (1) Health, Safety, and Welfare Before approving the Preliminary Plan, the Planning Com- mission shall determine that the subdivision: (a) Will be served by a public water system, or if less than ten lots, will have sufficient well water avail able per lot, both physically and legally, for the forseeable needs of the subdivision or development, and will not cause an unreasonable depreciation of an existing water supply as evaluated by the State Engineer. Evidence regarding water supply: quality, • • Park Land Associates S-125 Preliminary Plan Resolution February 15, 1977 Page 3 quantity, and dependability. Evidence may in- clude: evidence of ownership or right of acquisition of or use of existing and proposed water rights; historic use and estimated yield of claimed water rights; amenability of existing rights to a change in use; evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area; evidence concerning the potability of the proposed water supply for the subdivision. " The applicant has failed to provide evidence that their pro- posed water supply system is adequate in terms of the quality of the water. In a memo from the Weld County Health Department dated April 7, 1976, Mr. Glen Paul, Director of the Environmental Health Services stated the following: "We will not accept the Park Land Estates water sample results as we cannot ascertain their origin as being from the Park Land Estates wells. If these were official samples, the concentration of sulfates and chlorides are somewhat higher than recommended for drinking water. We cannot make a decision on the quality of the water at the Park Land Estates wells until they are properly con- structed and we take an official sample for chemical analysis. We recommend disapproval until a decision can be made." The depandability of the water supply system remains in doubt due to the unanswered questions on the proposed water association posec by the Division of Water Resources in a letter dated April 1 , 1976, In a letter dated November 12, 1976, the Division of Water Resource indicated Park Land Associates have not provided them with suffi- cient information so that their office can properly evaluate the water association. Third, the applicant has failed to show, as required by State Statute and the Weld County Subdivision Regulations, that the subdivision as proposed will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition will not result. Section 30-28-133 (6) , CRS 1973 requires: Park Land Associates S-125 Preliminary Plan Resolution February 15, 1977 Page 4 "No board of county commissioners shall approve the preliminary plan or final plat for any subdivision located within the county unless the subdivider has provided the following materials as part of the pre- liminary plan or final plat subdivision submission: (c) Evidence to show that all areas of the proposed subdvision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are com- patible with such conditions. " Section 5-4 of the Weld County Subdivision Regulations requires that : "A Preliminary Plan shall be approved by the Planning Commission unless it finds that the Preliminary Plan fails to meet the requirements specified herein or that the proposed Preliminary Plan is detrimental to the public health, safety or general welfare as set forth in this section as follows : (1) Health, Safety and Welfare. Before approving the Preliminary Plan, the Planning Commission shall determine that the subdivision: (c) Will not cause unreasonable soil erosion or re- duction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result." The Colorado Division of Water Resources, in a letter dated July 9, 1975, indicated the "four wells have an appropriation of approximately 96 acre feet per year which should be sufficient for the 92 lots if lawn irrigation does not exceed approximately 10,00( square feet per lot'." . The applicant has incorporated this limit- ation into the restrictive covenants for the proposed subdivision. The same restrictive covenants allow each lot owner three animals of 80 pounds or more. In a letter dated March 17, 1976, the Soil Conservation Service expressed concern that the combination of the limitation on the use of water for lawn irrigation, the pro- posed number of animals per lot, the existing soils, and the climate of the area could result in significant wind and water erosion. • • CERTIFICATION OF COPY I , Pat Rymer , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Februay 15,1977 and recorded in Book No. V Page No. of the 'Tceedings of said Planning Commission. Dated ti 18th day of February 19 77 Recording cretary, We d u ty Planning Commission 4 .BEFORE HE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ben Nix that the following resolution be intro- duced for passage by the Weld County Planning Commission : , Be it therefore Resolved the Weld County Planning Commission that the following be adopted by the Board of County Commissioners : Be it therefore resolved to recommend to the County Commissioners this recommendation for their consideration on the Park Land Estates Case % Doris McFeeters, 3953 Fuller Court, Boulder, Colorado To be recommended flxyjntAgxto the Board of County Commissioners that : Section 34-1-305, CRS 1973, as amended, prohibits a board of County Commissioners from zoning, rezoning, granting a variance, or taking any other official action or inaction which would result in develop- ment of an area containing a commercial mineral deposit in any way which would interfere with present or future extraction of the mineral. Motion seconded by Marge Yost Vote : For Passage Abstain Against Percy Hiatt Chuck Carlson Marge Yost Ron Heitman Irma White Harry Ashley Bette Kountz Ben Nix The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings . • Park Land Associates Resolution February 15, 1977 Page 2 During the Planning Commission's deliberations on the various applications by Park Land Associates before it , the issue of whether the property is underlain with "commercial mineral deposits" within the meaning of the state law has arisen. Although no part of its decision on the applications of Park Land Associates is based on the question, the Planning Commission recommends to the Board of County Commissioners that the Board make further inquiry into the issue, in order to determine whether the coal deposits underneath the pro- posed subdivision are "commercial", as suggested by a letter from the Colorado Geological Survey dated November 1, 1976 : "We believe that based on the data available to use at this time and discussed thoroughly in our letter of March 26, 1976, that a more thorough analysis of the possibilities of coal extraction on the property and the adjacent properties should be provided by the developer prior to approval of this subdivision." • • CERTIFICATION OF COPY I , Pat Rymer , 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 February 15, 1977 and recorded in Book No . V of the proceedings of the said Planning Commission . Dated the 18th day of February 19 77 Secretary • • ! ' January 28, 1977 Herb Hansen Weld County Tax Assessor Greeley, Colorado 80631 Dear Mr. Haneenf Since we have some questions regarding our real estate taxes we felt you would be the knowledgable man to ask. The real estate we make reference to is located in Carmaoar .. Ranabettts,'Aot 5, Block 1, Weld County Colorado. 1. How is the evaluation determined? 2, What was the evaluation of our property in 1973 and the amount of taxes paid from June 22, 1973 at which .tire ve_bought,,tt,�,hrough . Deoewae`r, ,19731 , 3: . `Ax. there..any on t'be..property? 4. ,.What Sir ` fr.t.ctian.ie4 s'are we in in'lieu o the addittgnal taxing ' for the new fire station'oncounty line road, Longmont Fire-Protection District, which now as we understand protects our area? We realise how busy you are eat this particular time of the year but we will appreciate an answer at your earliest oonvenienoe. Sincerely, Beverly A. McRim (Mrs. Shelton 3. ) Rt. #1, Box 211-9 aria, Colorado 80516 co Hello