HomeMy WebLinkAbout20050390 RESOLUTION
RE: APPROVE AMENDED PUD FINAL PLAN, AMPF #496, FOR UTILITY EASEMENT
ADJUSTMENT - KENNETH AND SUSANNA HARRIS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
February, 2005, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Kenneth and Susanna Harris, 35910 Avery Drive, Eaton, Colorado 80615, for
Amended PUD Final Plan,AMPF#496,fora Utility EasementAdjustment,on the following described
real estate, to-wit:
Lot 1; being part of Section 10 of Avery Acres Planned
Unit Development,Township 6 North, Range 65 West
of the 6th P.M., Weld County, Colorado
WHEREAS,the applicant, Kenneth and Susanna Harris,was present at said hearing, and
WHEREAS, Section 27-7-40.D of the Weld County Code provides standards for review of
said Amended Planned Unit Development, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 27-7-30 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 27-7-40.D of the Weld County Code,including specifically:
a. Section 27-7-40.D.1-- The proposal is consistent with Chapters 19, 22, 23,
24 and 26 of the Weld County Code and any intergovernmental agreement
(IGA) in effect influencing the PUD. The proposed PUD Final Plan is
consistent with all the applicable chapters of the Weld County Code. There
is an existing 15-foot utility easement on the north and west sides of Lot 1.
There is an existing 25-foot utility easement on the east side of Lot 1. At the
Utility Board hearing on January 20, 2005, the Board requested that the
applicant be required to obtain a written sign-off from the utility service
providers prior to recording the plat. The Board of Adjustment reviewed
BOA-1025 for a variance from the side lot line on May 13,2004, and granted
approval of the variance. The property is not located in an IGA area but is
located within three miles of the City of Greeley and the Town of Eaton.
�/i/fs) .✓ 2005-0390
�5 'C •; ,DL ki 14/Z ( A/ PL1274
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF #496 - KENNETH AND SUSANNA HARRIS
PAGE 2
b. Section 27-7-40.D.2-- The uses which will be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code. The proposal
does not affect the Performance Standards and/or the Development
Standards as approved by the Board of County Commissioners for the Avery
Acres Final Plat recorded on May 3, 2000.
c. Section 27-7-40.D.3-- The uses which will be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The City of Greeley and the Town of Eaton, in their referrals
dated December 28, 2004, and December 17, 2004, respectively, indicate
no conflict. The Harris' built their garage 8 feet 8 inches from the north
property line.The proposal is to decrease the 15-foot utility easement on the
north portion of their lot to 6 feet 4 inches in the location of the garage.
d. Section 27-7-40.D.4 -- Adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the Performance Standards in Chapter27,Article II, of the
Weld County Code. Avery Acres PUD is serviced by the North Weld County
Water District and individual sewage disposal systems.
e. Section 27-7-40.D.5 -- Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The proposal does not affect transportation facilities. The
Department of Public Works indicated, in the referral dated January 14,2005,
that they have no comments or any disagreements with this application.
f. Section 27-7-40.D.6 — In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities
in conformance with the Transportation Sections of Chapters 22, 24 and 26,
if applicable.According to the Department of Public Works the proposal does
not affect transportation facilities.
g. Section 27-7-40.D.7 -- There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. Issues regarding overlay districts,commercial mineral deposits,
and soil conditions were addressed during the original Final Plan, PF-496,for
Avery Acres.
Effective January 1, 2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-wide Road Impact
Program.
2005-0390
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF#496 - KENNETH AND SUSANNA HARRIS
PAGE 3
h. Section 27-7-40.D.8--Compatibility exists between the proposed uses and
criteria listed in the Development Guide, and the final plan exactly conforms
to the Development Guide. The proposed PUD Final Plan uses are
compatible with the criteria listed in the Development Guide.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Kenneth and Susanna Harris,forAmended PUD Final Plan,
AMPF #496, for a Utility Easement Adjustment on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the PUD Final Plat:
a. The applicant shall submit to the Department of Building Inspection a building
permit for the garage. Written evidence that the application has been
submitted shall be provided to the Department of Planning Services.
b. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled AMPF-496.
2. The Weld County's Right to Farm statement,Appendix 22-E,shall be
placed on the plat.
3. The applicant shall address the requirements and concerns of the
Utility Board as stated in the meeting minutes from January 20,2005.
4. The applicants shall obtain a written sign-off from the utility providers
prior to recording the plat. The utility name and signature shall be on
the plat in accordance with Section 27-9-40.B of the Weld County
Code.
c. The Final Plat is conditional upon the following and each shall be placed on
the Final Rat as notes prior to recording:
1. This replat shall comply with the notes listed on the Avery Acres PUD
plat (PF-496) recorded May 3, 2000, under reception #2765560.
A. The PUD shall consist of five (5) Estate zoned lots and one
(1)Agriculturally zoned lot. The Final Plat allows for Estate
uses(5 lots)which shall comply with the Estate Zone District
requirements as set forth in Chapter 23 of the Weld County
Code, and Agricultural uses (1 lot) which shall comply with
the Agricultural Zone District requirements as set forth in
Chapter 23 of the Weld County Code. Development on the
Agricultural lot shall be limited to structures related to the
agricultural use. No residential structures shall be allowed.
2005-0390
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF #496 - KENNETH AND SUSANNA HARRIS
PAGE 4
B. If water from the North Weld County Water District cannot be
obtained,the applicant shall submit an augmentation plan to
be approved by the Colorado Division of Water Resources to
allow exterior use of water for gardens, yards, animals,
etcetera.An approved plan shall be in place prior to releasing
building permits.
C. The property shall adhere to the Weld County Right To Farm
Covenant per Appendix 22-E of the Weld County Code.
D. Lot owners shall not divert ditch water unless the appropriate
ditch water rights are purchased.
E. Lot owners should be informed that a crop dusting facility is
located directly north of this PUD. It is legally permitted
through Use by Special Review Permit#814 and is eligible to
apply for expansion.
F. The site shall be developed in accordance with the
recommendations contained in the geotechnical report.
G. Access to any agricultural improvements on the agricultural
lot shall be from Avery Drive.
H. All construction or improvements occurring in the floodplain,
as delineated on FEMA Community Panel Map 080266 0489
C and 0627 C,dated September28, 1982, shall comply with
the Flood Hazard Overlay District requirements of Chapter 26
of the Weld County Code.
Installation of utilities shall comply with Section 24-7-60 of the
Weld County Code.
J. Individual sewage disposal systems are required for the
proposed residential lots and shall be installed according to
the Weld County Individual Sewage Disposal (I.S.D.S.)
Regulations.
K. In the event that five (5) or more acres are disturbed during
the construction and development of this site, the applicant
shall obtain a Stormwater Discharge Permit from the Water
Quality Control Division of the Colorado Department of Public
Health and Environment.
2005-0390
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF#496 - KENNETH AND SUSANNA HARRIS
PAGE 5
L. During development of the site, all land disturbance shall be
conducted so that nuisance conditions are not created. If
dust emissions create nuisance conditions,at the request of
the Weld County Department of Public Health and
Environment, a Fugitive Dust Control Plan must be
submitted.
M. Dwellings on each lot are required to have engineered
foundations and an open-hole inspection conducted by a
geotechnical engineer.Outbuildings,including foundations,
shall be built to the Weld County Building Code.
N. The applicant shall place a Stop sign and a street sign
identifying Avery Acres' access at the appropriate location.
O. Any signage located on the property shall require building
permits and adhere to Sections 23-4-780 and 23-4-90 of the
Weld County Code.
P. The applicant shall comply with Chapters 23 and 27 of the
Weld County Code.
Q. Approval of this plan may create a vested property right
pursuant to Section 23-8-10 of the Weld County Code.
R. Personnel from the Weld County Departments of Public
Health and Environment and Planning Services shall be
granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all
applicable Weld County regulations.
S. No development activity shall commence on the property,nor
shall any building permits be issued, until the final plan has
been approved and recorded.
2. Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-wide
Road Impact Program.
3. A plan review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
2005-0390
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF #496 - KENNETH AND SUSANNA HARRIS
PAGE 6
4. Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted
codes include the 2003 International Building Code,2003 International
Residential Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
5. Building height, wall and opening protection, and separation of
buildings with mixed uses shall be in accordance with the Building
and/or Residential Code in effect at the time of permit application.
Setback and offset distances shall be determined by the Weld
County Code.
6. Building height shall be measured in accordance with the applicable
Building Code for the purpose of determining the maximum building
size and height for various uses and types of construction, and to
determine compliance with the Bulk Requirements from Chapter 23
of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset
and setback requirements are measured to the farthest projection
from the building.
7. The property owner shall be responsible for complying with the
Performance Standards of Chapter 27,Article II and Article VIII,of the
Weld County Code.
8. The property owner shall be responsible for complying with Chapter
27 and Chapter 26, Article VIII, of the Weld County Code.
9. The property owner shall be responsible for complying with the
criteria of Chapter 26 of the Weld County Code.
10. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable).
2005-0390
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AMENDED PLANNED UNIT DEVELOPMENT, AMPF#496 - KENNETH AND SUSANNA HARRIS
PAGE 7
4. Upon completion of the Conditions of Approval above,the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Sections 24-4-40.D.6 through D.9 of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within
sixty(60)days from the date of the Board of County Commissioners Resolution.The
applicant shall be responsible for paying the recording fee.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
°A4 E WELD COUNTY, COLORADO
1861 ,^vz"_. ,i s�
If
14
William HWL-
Pro-Tem
e, Chair
}c=;r, ,.0 ,Clerk to the Board
11 1\ ,
Deputy Clerk . the Boardvi E. Lon
Robert D. Masden
7A9
162.14-")Glenn Vaad
Date of signature: a� ds
2005-0390
PL1274
6tsdr: P.U.D Final Plan
Summary Sheet
COLORADO
Case Number: AMPF-496 Hearing Date: February 2, 2005
Applicant: Kenneth and Susanna Harris
Address: 35910 Avery Drive Eaton, CO 80615
Request: An Amendment to a PUD Final Plat (utility line adjustment) for Lot 1 in the
Avery Acres PUD
Legal Description: Lot 1 of the Avery Acres PUD; being part of NW4 of Section 10, Township
6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: Approximately 1/4 mile south of CR 72 and approximately ''A mile east of
CR 43.
Parcel Size: +/- 2.5 acres Parcel Numbers: 0803 10 001001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses from the following
agencies:
• Weld County Department of Public Health and Environment, referral received January
12, 2005
• Weld County Department of Public Works, referral received January 14, 2005
• Weld County Code Compliance, referral received December 29, 2004
• Weld County Building Inspection, referral received January 17, 2005
Town of Eaton, referral received December 17, 2004
• City of Greeley, referral received December 28, 2004
AMPF-496 Avery Acres PUD Page 1
o260S-_ L23g0
tt P.U.D Final Plan
Summary Sheet
WIIDc.
COLORADO
Case Number: AMPF-496 Hearing Date: February 2, 2005
Applicant: Kenneth and Susanna Harris
Address: 35910 Avery Drive Eaton, CO 80615
Request: An Amendment to a PUD Final Plat (utility line adjustment) for Lot 1 in the
Avery Acres PUD
Legal Description: Lot 1 of the Avery Acres PUD; being part of NW4 of Section 10, Township
6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: Approximately 1/4 mile south of CR 72 and approximately Y< mile east of
CR 43.
Parcel Size: +/- 2.5 acres Parcel Numbers: 0803 10 001001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses from the following
agencies:
• Weld County Department of Public Health and Environment, referral received
September 23, 2004
• Weld County Department of Public Works, referral received September 30, 2004
• Weld County Code Compliance, referral received September 2, 2004
• Colorado Department of Transportation, referral received September 6, 2004
• Colorado Division of Wildlife, referral received September 21, 2004
• Longmont Soil Conservation District, referral received September 14, 2004
• Mountain View Fire Protection District, referral received September 27, 2004
• Town of Mead, referral received September 7, 2004
• Town of Longmont, referral received September 23, 2004
• Town of Frederick, referral received October 12, 2004
AMPF-496 Avery Acres PUD Page 1
S=03?O
116)t P.U.D Final Plan
Administrative Review
WUDc.
COLORADO
Case Number AMPF-496 Hearing Date: February 2, 2005
Planner: J. Hatch
Applicant: Kenneth and Susanna Harris
Address: 35910 Avery Drive Eaton, CO 80615
Request: An Amendment to a PUD Final Rat (utility line adjustment) for Lot 1 in the
Avery Acres PUD
Legal Description: Lot 1 of the Avery Acres PUD; being part of NW4 of Section 10, Township
6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: Approximately % mile south of CR 72 and approximately 1/4 mile east of
CR 43.
Parcel Size: +1- 2.5 acres Parcel Numbers: 0803 10 001001
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section
27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as
follows:
a. Section 27-7-40.C.1—That the proposal is consistent with Chapters 19, 22, 23, 24
and 26 of the Weld County Code and any intergovernmental agreement in effect
influencing the PUD. The proposed PUD Final Plan is consistent with all the
applicable chapters of the Weld County Code. There is an existing fifteen foot
(15') utility easement on the north and west side of Lot 1. There is an existing 25'
utility easement on the east side of Lot 1. At the Utility Board hearing dated
January 20, 2005 the Board requested that the applicant be required to obtain a
written sign-off from the utility service providers prior to recording the plat. The
Board of Adjustments reviewed BOA-1025 for a variance from the side lot line on
May 13, 2004 and granted approval of the variance. The property is not located
in an IGA area but is located within three miles of the City of Greeley and the
Town of Eaton.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District contained
in Article II, Chapter 27 of the Weld County Code. The proposal does not affect
AMPF-496 Avery Acres PUD Page 2
the performance standards and/or the development standards as approved by
the Board of County Commissioners for the Avery Acres Final Plat recorded on
May 3, 2000.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted by
the existing zoning, and with the future development as projected by Chapter 22
of the Weld County Code or master plans of affected municipalities. The City of
Greeley and the Town of Eaton in their referrals dated December 28, 2004 and
December 17, 2004 respectively indicate no conflict. The Harris' built their
garage 8'8" from the north property line. The proposal is to decrease the 15'
utility easement on the north portion of their lot to 6'4" in the location of the
garage.
d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the performance standards in Article II, Chapter 27 of the Weld
County Code. Avery Acres PUD is serviced by North Weld County Water District
and individual sewage disposal systems.
e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. The
proposal does not affect transportation facilities. The Department of Public
Works indicated in their referral dated January 14, 2005 that they have no
comments or any disagreements with this application.
f. Section 27-7-40.C.6 - In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Sections of Chapters 22, 24 and 26, if
applicable. According to the Department of Public Works the proposal does not
affect transportation facilities.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the subject
site. Issues regarding overlay districts, commercial mineral deposits, and soil
conditions were addressed during the original Final Plan, PF-496 for Avery
Acres.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
h. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and
criteria listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the development guide.
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral
agencies.
AMPF-496 Avery Acres PUD Page 3
The Department of Planning Services' Staff recommendation for approval is conditional upon
the following:
1. Prior to recording the PUD Final Plat:
a. The applicant shall submit to the Department of Building Inspection a building
permit for the garage. Written evidence that the application has been submitted
shall be provided to the Department of Planning Services. (Department of
Planning Services)
b. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled AMPF-496. (Department of Planning
Services)
2. The Weld County's Right to Farm statement, Appendix 22-E shall be
placed on the plat. (Department of Planning Services)
3. The applicant shall address the requirements (concerns) of the Utility
Board as stated in the meeting minutes from January 20, 2005.
(Department of Planning Services)
4. The applicants shall obtain a written sign-off from the utility providers prior
to recording the plat. The utility name and signature shall be on the plat
in accordance with Section 27-9-40.B of the Weld County Code.
(Department of Planning Services & Utility Board)
c. The Final Plat is conditional upon the following and each shall be placed on the
Final Plat as notes prior to recording:
1. This replat shall comply with the notes listed on the Avery Acres PUD plat
(PF-496) recorded May 3, 2000 under reception # 2765560.
A. The PUD shall consist of five (5) Estate zoned lots and one (1)
Agriculturally zoned lot. The Final Plat allows for Estate uses (5
lots) which shall comply with the Estate Zone District requirements
as set forth in Chapter 23 of the Weld County Code and
Agricultural uses (1 lot) which shall comply with the Agricultural
Zone District requirements as set forth in Chapter 23 of the Weld
County Zoning Ordinance. Development on the Agricultural lot
shall be limited to structures related to the agricultural use. No
residential structures shall be allowed. (Department of Planning
Services)
B. If water from North Weld County Water District can not be
obtained the applicant shall submit an augmentation plan to be
approved by the Colorado Division of Water Resources to allow
exterior use of water for gardens, yards, animals, etc. An
approved plan shall be in place prior to releasing building permits.
(Department of Planning Services)
AMPF-496 Avery Acres PUD Page 4
C. The property shall adhere to the Weld County Right To Farm
Covenant per appendix 22-E of the Weld County Code.
D. Lot owners shall not divert ditch water unless the appropriate ditch
water rights are purchased. (Department of Planning Services)
E. Lot owners should be informed that a crop dusting facility is
located directly north of this PUD. It is legally permitted through
Use by Special Review Permit # 814 and is eligible to apply for
expansion. (Department of Planning Services)
F. The site shall be developed in accordance with ' the
recommendations contained in the geotechnical report. (Colorado
Geological Survey)
G. Access to any agricultural improvements on the agricultural lot
shall be from Avery Drive. (Department of Planning Services)
H. All construction or improvements occurring in the flood plain as
delineated on FEMA Community Panel Map 080266 0489 C and
0627 C, dated September 28, 1982, shall comply with the Flood
Hazard Overlay District requirements of Section 26 of the Weld
County Code. (Department of Planning Services)
Installation of utilities shall comply with Section 24-7-60 of the
Weld County Code. (Department of Planning Services)
J. Individual sewage disposal systems are required for the proposed
residential lots and shall be installed according to the Weld County
Individual Sewage Disposal (I.S.D.S.) Regulations. (Health Dept.)
K. In the event that five (5) or more acres are disturbed during the
construction and development of this site, the applicant shall
obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and
the Environment. (Health Dept.)
L. During development of the site, all land disturbance shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a fugitive
dust control plan must be submitted. (Health Dept.)
M. Dwellings on each lot are required to have engineered foundations
and an open hole inspection conducted by a geotechnical
engineer. Outbuildings including foundations shall be built to the
Weld County Building Code. (Building Inspection)
N. The applicant shall place a stop sign and a street sign identifying
Avery Acres' access at the appropriate location. (Public Works)
AMPF-496 Avery Acres PUD Page 5
O. Any signage located on the property shall require building permits
and adhere to Section 23-4-780 and 23-4-90 of the Weld County
Code. (Department of Planning Services)
P. The applicant shall comply with Chapter 23 and 27 of the Weld
County Code. (Department of Planning Services)
Q. Approval of this plan may create a vested property right pursuant
to Section 23-8-10 of the Weld County Code. (Department of
Planning Services)
R. Personnel from the Weld County Health and Planning
Departments shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated herein
and all applicable Weld County Regulations. (Department of
Planning Services)
S. No development activity shall commence on the property, nor
shall any building permits be issued on the property until the final
plan has been approved and recorded. (Department of Planning
Services)
2. Effective January 1, 2003, Building Permits issued on the proposed lots
will be required to adhere to the fee structure of the Weld County Road
Impact Program. (Ordinance 2002-11) (Department of Planning Services)
3. A plan review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit. (Department of
Building Inspection)
4. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include
the 2003 International Building Code, 2003 International Residential
Code, 2003 International Mechanical Code, 2003 International Plumbing
Code, 2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
6. Building height, wall and opening protection and separation of buildings
with mixed uses shall be in accordance with the Building and / or
Residential Code in effect at the time of permit application. Setback and
offset distances shall be determined by the Weld County Code.
(Department of Building Inspection)
7. Building height shall be measured in accordance with the applicable
Building Code for the purpose of determining the maximum building size
and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld
AMPF-496 Avery Acres PUD Page 6
County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Off-set and setback requirements
are measured to the farthest projection from the building. (Depart of
Building Inspection)
8. The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27, Article II and Article VIII, of the
Weld County Code. (Department of Planning Services)
9. The property owner shall be responsible for complying with Chapter 27
and Chapter 26, Article VIII, of the Weld County Code. (Department of
Planning Services)
10. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code. (Department of Planning Services)
11. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code. (Department of Planning Services)
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export
files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is
not acceptable). (Department of Planning Services)
4. Upon completion of item #1 above the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-4-40.D.6 through D.9 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee.
AMPF-496 Avery Acres PUD Page 7
' a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
918 10th STREET
GREELEY, COLORADO 80631
COLORADO December 16, 2004
Kenneth Harris
35910 Avery Drive
Eaton CO 80615
Subject: AmPF-496- Request for An Amendment to a PUD Final Plan (utility easement adjustment)for
Lot 1 in Avery Acres PUD on a parcel of land described as Lot 1; Pt NW4 of Section 10, T6N,
R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Utility Board for January 20,2005,at 10:00 a.m. This meeting will take place
in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Eaton and Greeley Planning
Commission for their review and comments. Please call Eaton at 970-454-3338 and Greeley at 970-350-9780
for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a
representative be in attendance at the Eaton and Greeley Planning Commission meeting to answer any
questions the Commission members may have with respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Jacq line Hatch
Plan er
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS //lit J THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUI8LI ALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PEN LTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST T FIFTEEN AYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FORA.MP.c - IN T AGRICULTURAL ZONE DISTRICT.
y pL
74-Lo_3(n .rte F14 it Tt
Name of Person Posting Sign
_ _c--7-11-1 __________th:
Signature]Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this/q day 20 4
WITNESS my hand and official seal.(11j7-4n ry ubHc JJ
My Commission Expires: fOIN� fob
CIS( NO -: ICI(5
FOR MORE INFORMATION CALL
WELD COUNTY DEPARTMENT OF
PLANNING SERVICES AT
(910)353-6100 est. 3540
— . au
ice
FIELD CHECK Inspection Date: 12/8/05
APPLICANT: Kenneth Harris CASE#: AMPF-496
REQUEST: An Amendment to a PUD Final Plat (utility easement adjustment) for Lot 1 in
Avery Acres PUD
LEGAL: Avery Acres Lot 1 Section 10 , T6N, R65W of the 6th P.M., Weld County, CO
LOCATION: Approximately ''% mile south of CR 72 and approximately Y mile east of CR 43.
PARCEL ID #: 0803 10 001001 ACRES: 2.56 +/-
Zoning Land Use
N E (Estate) N Outlot / Agricultural
E A (Agricultural) E A (Agricultural)
S E (Estate) S E (Estate)
W E (Estate) W Outlot / Agricultural
COMMENTS:
Avery Acres is surrounded by agricultural lands
Large Homes / five lots
Homes sit on the top of a crest.
Property slopes down to the east and west.
One access off of County Road 43 to the homes in Avery Acres.
Jaccj line atc , lanner
RESUBDIVISION FOR REDESIGN, ADDITION, VACATION
OR FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number OR - i p - O - O / - O 0 /
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
Legal Description 44 L i Avery Ace's flu p. , Section to , Township o E North, Range 6S West
Property Address(If Applicable) 359/0 A,/es./ Dr. ea rot, Co COI
Existing Zone District : Proposed Zone District: Total Acreage: Proposed #/Lots
Average Lot Size: Minimum Lot Size: Proposed Subdivision Name:
FEE OWNER(S)✓ . OF THE PROPERTY (If additional space is required, attach an additional sheet)
,Ct't Name: . ef L £ *meta in /iv rr,S
Work Phone# [91o)3.4 An ill Home Phone#(Yzo)ySy -//./f Email Address wA,P,7tc s:.,o ®orrsu r
Address: 3s9/0 A..:.1 Dr t9, Co Awe iS
City/State/Zip Code 47,740,.., ro, is
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: A„rTOiri t Aerw, At;rr.S
Work Phone#(n0)356.-- may/ Home Phone# (9zc)yfy-//./S Email Address
Address: ;Sy/o
City/State/Zip Code . .rc. tee yod/f
UTILITIES: Water:
Sewer:
Gas:
Electric:
Phone:
DISTRICTS: School:
Fire:
Post:
I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal
all authority to sign for the corporation.-efisSignature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
-5-
001-25-2004 M0N 11 4& AMA FAX NO. P. 02
WELD COUNTY TREASURER•
Pursuant to the Weld County Subdivision Ordinance, the attnchcd Statement(s) of Taxes-
Due, issued by the Weld County Treasurer,are evidence that, as of this date, all property taxes,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
Signed / ,r e, Date: /O/a��j(/v
•
•
•
•
•
•
00T-25-2004 MON 11 48 AM^ FAX NO. P. 01
Report Date: 1 012 5/2004 11:47AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHECULE NO: R8758500
ASSESSED TO:
HARRIS KENNETH L 8
35910 AVERY DR
EATON, CO 80615
LEGAL DESCRIPTION:
AA LI AVERY ACRES PUD SITUS: 3591G AVERY DR WELD
PARCEL: 080310001001 SITUS ADD: 35910 AVERY DR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 1,866.16 0.00 0.00 1,956.16 0.00
TOTAL TAXES 0:00
GRAND TOTAL DUE GOOD THROUGH 10/25/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TM DISTRICT 0220-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 495.52 RESIDENTIAL 290,035 23,080
SCHOOL DIST RE2 45.949 1,060.50 -•-•-•--••••
NCW WATER 1.000 23.09 TOTAL 290,036 23,080
NWC WATER 0.000 0.00
GALETON FIRE 2.448 56.50
AIMS JUNIOR COL 6.322 145.91
WELD LIBRARY 3.249 74.99
WEST GREELEY CONSERVATION 0.414 9.56
TAXES FOR 2003 60.856 1,866.16
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TC ENDORSEMENT OF CURRENT'AXES 6Y THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.
REAL PROPERTY-AUGUST 1, TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 453
Greeley, CO 60632
(970)353.3846 ext.3290
("P
•
LandAmerica TITLE NO.: TNGR0000032
_ PROPERTY: 35910 Avery Dr
Transnation SELLER: Kenneth L. Harris and Susanna M.
Harris
PURCHASER:INFORMATIONAL COMMITMENT
Transnation Title Insurance Company
5801 W 11th Street
Suite 201
Greeley, CO 80634 DATE: November 01, 2004
PHONE: 970-352-2283
FAX: 970-352-2312
IN CONNECTION WITH THE ABOVE MATTER, WE ARE ENCLOSING HEREWITH THE FOLLOWING:
Informational Commitment
WE APPRECIATE THE OPPORTUNITY TO BE OF SERVICE TO YOU. PLEASE CONTACT THE UNDERSIGNED IF
YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION.
CC:
\ Kenneth L. Harris and Susanna M. Harris
35910 Avery Drive
Eaton, CO 80615
ESCROW CLOSER: N/A
LandAmerica Invoice Number: 1458
Invoice Date: 11/01/2004
Transnation File Number: TNGR0000032
Customer File #: 10531246
Customer #: 593
INVOICE
To: From:
Transnation Title Insurance Company
5801 W 11th Street
Kenneth Harris Suite 201
35910 Avery Drive Greeley, CO 80634
Eaton, Co. 80615 Phone: 970-352-2283
Fax: 970-352-2312
Kathy Olson
RE: 35910 Avery Dr Eaton, CO 80615
Buyer/Borrower: INFORMATIONAL COMMITMENT
Seller: Kenneth L. Harris and Susanna M. Harris
,d.3r y;rx,c , 5 n h t ' tom. ,� Y :: i �:+t•u R.x.^ h'{�,�*"q�< '" d",
��i x a k rq '3" 4 v: ^^� '�yx F i� 3.zrc n�, � �, � �`"�Ys f4'��`:+�,,'d?+
vir:� Komar. .�s�' n.rc x „'a..s F !35#,+` fin' .3,M r�:a. Ero&E °`�,$.3!'a n. 46 0��r f`,, iaLA, ^: 44:air:R06;.A#.
Informational Commitment $300.00 $300.00
Total $300.00
Please remit to:
Transnation Title Insurance Company
5801 W 11th Street
Suite 201
Greeley, CO 80634
Thank you!
Transnation Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Schedule A
1. Effective Date: Commitment No.:
October 27, 2004, at 7:00 am TNGR0000032
2. Policy or Policies to be issued: Amount Premium
A. ALTA Owner's Policy - 10/17/92 $0.00
Proposed Insured:
INFORMATIONAL COMMITMENT
B. ALTA Loan Policy - 10/17/92 $0.00
Proposed Insured:
Limited Liability Product $300.00
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is Fee Simple and Title to the estate or
interest in the land is vested in:
Kenneth L. Harris and Susanna M. Harris, as joint tenants
4. The land referred to in this Commitment is described as follows:
Lot 1,
AVERY ACRES, P.U.D.,
a subdivision of the County of Weld, State of Colorado.
Transnation Title Insurance Company
Prepared By: Kathy Olson
•
Commitment No. TNGR0000032
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with prior to the issuance of said policy or
policies. Any other instrument recorded subsequent to the date hereof may appear as an
exception under Schedule B of the policy to be issued. -Unless otherwise noted, all documents
must be recorded in the office of clerk and recorder of the county in which said property is
located.
NOTE: Pursuant to senate bill 91-14 (CRS 10-11-122) the company will not issue its policy or
policies of title insurance contemplated by this commitment until it has been provided a certificate
of taxes due or other equivalent documentation from the county treasurer or the county
treasurer's authorized agent; or until the proposed insured has notified or instructed the company
in writing to the contrary.
NOTE: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for
recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch
and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to
record or file any document that does not conform.
None - Informational Commitment
•
Commitment No. TNGR0000032
SCHEDULE B - SECTION 2
EXCEPTIONS
The Policy or Policies to be issued will contain exceptions to the following unless the
same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any
facts which a correct survey and inspection of the premises would disclose and which
are not shown by the public records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
6. Any and all unredeemed tax sales, if any.
Note: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing
open tax sales, the above exception will not appear on the policy to be issued
hereunder.
7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in
U.S. Patent recorded November 16, 1886 in Book 57 at Page 2.
8. Terms, agreements, provisions, conditions, obligations and easements as contained
in instrument recorded December 10, 1897 in Book 155 at Page 78.
9. Oil and gas lease between Alta N. Avery aka Alta Avery and Petrogulf Energy
Company dated April 5, 1982, recorded May 17, 1982 in Book 968 as Reception No.
1891780, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to
CRS 38-42-106, by Cache Exploration, Inc., recorded May 22, 1985 in Book 1070 as
Reception No. 2010750.
Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to
CRS 38-42-106, by Lyco Energy Corporation, recorded October 10, 1988 in Book
1212 as Reception No. 2158096.
Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to
CRS 38-42-106, by Lyco Energy Corporation, recorded October 10, 1988 in Book
1212 as Reception No. 2158097.
10. All oil, gas and other minerals as conveyed to Jill Sutter Norris, John Avery Butter,
James Ted Butter, Larry Eti Anderson, Donna Anderson Upton, William G. Hayden
III, Katherine Hayden and Willian G. Hayden III, by deed recorded July 20, 1994 in
Book 1451 as Reception No. 2398453, re-recorded September 9, 1994 in Book 1458
as Reception No. 2405999 and Correction recorded January 31, 1995 in Book 1478
as Reception No. 2424974, and any interests therein or rights thereunder.
11. Terms, agreements, provisions, conditions, obligations and restrictions, as contained
•
Commitment No. TNGR0000032
in Improvements Agreement (Private Road Maintenance) recorded May 17, 2000 as
Reception No. 2768875.
12. Right to Farm Covenant and Notes, as set forth on the Plat of said subdivision.
13. Individual lot easement for storm water detention, as shown on the Plat of said
subdivision.
14. Utility and Irrigation easement, as shown on the Plat of said subdivision.
15. Utility and Drainage easeement, as shown on the Plat of said subdivision.
16. Terms, agreements, provisions, conditions, obligations (including common expenses,
fees and costs under the Common Interest Ownership Act) and restrictions which do
not contain a forfeiture or reverter clause, but omitting restrictions, if any, based
upon race, color, religion, sex, handicap, familial status or national origin, as
contained in the Declaration for Avery Acres P.U.D. recorded July 20, 2000 as
Reception No. 2781693 and any and all amendments and supplements thereto.
17. All of the oil, gas and other minerals and mineral rights, as reserved by John Avery
Sutter and James Ted Sutter, in the deed recorded July 20, 2000 as Reception No.
2781694, and any interests therein or rights thereunder.
18. Assessments for common expenses and other amounts which remain unpaid or
which constitute a lien, statutory or otherwise, on subject property.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning underground facilities
have been filed with the Clerk and Recorder. These statements are general and do
not necessarily give notice of underground facilities within the property.
(a)Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as
Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as
Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception
No. 2175917.
(d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception
No. 1919757.
19. Deed of Trust from Kenneth L. Harris and Susanna M. Harris
20. to the Public Trustee of the County of Weld for the use of Union Federal Bank of
Indianapolis to secure $242,700.00, dated October 24, 2002 and recorded October
29, 2002 at Reception No. 3000419.
NOTE: Assignment of the Beneficial Interest in the Deed of Trust above to US Bank,
N.A., recorded December 12, 2002 at Reception No. 3014078.
21. Deed of Trust from Kenneth L. Harris and Susanna M. Harris to the Public Trustee of
the County of Weld for the use of Bank One, N.A. to secure $59,000.00, dated
December 8, 2003 and recorded December 29, 2003 at Reception No. 3139185.
Commitment No. TNGR0000032
NOTE: Pursuant to CRS 10-11-122 notice is hereby given that:
(A) The subject property may be located in a special taxing district;
(B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the county
Treasurer or the county treasurer's authorized agent;
(C) INFORMATION regarding special districts and the boundaries of such districts may be
obtained from the board of county commissioners, the county clerk-and recorder,or the
county assessor.
NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for
mineral interest or leases, pursuant to CRS 10-11-123 (NB 01-1088), this is to advise:
(A) That there is recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate and that there is a substantial likelihood that a
third party holds some or all interest in oil, gas, other minerals, or geothermal energy in
the property; and
(B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Issued by
Transnation Tide Insurance Company
COMMITMENT FOR TITLE INSURANCE
\ LandAmerica
Transnation
Transnation Title Insurance Company, an Arizona corporation, herein-called the Company,for a.valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named
in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in
Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed
for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, Transnation Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers, this Commitment to become valid when countersigned by an authorized officer or agent of the Company.
—�I Transnation Title Insurance Company
Attest: 1\�lE I NSUq
By: 124.4-144‘4.124.4-14124.4-144‘4.' 2as-lk
(h
s President
SecretaryIt, SM.II,rust
ARIZONA
EXCLUSIONS FROM COVERAGE
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company In writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no
event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the
form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
ALTA Commitment 1966 (Revised 7/26/99)
REFERRAL LIST
NAME: Kenneth &Susanna Harris CASE NUMBER:AmPF-496
REFERRALS SENT: December 16,2004 REFERRALS TO BE RECEIVED BY: January 14,2005
COUNTY
Ambulance Services TOWNS and CITIES
Attorney _Ault
ix Health Department Berthoud
Extension Service Brighton
Emergency Management Office Broomfield
Sheriffs Office Dacono
�_x_Public Works _x_Eaton
Housing Authority Erie
Airport Authority Evans
_x Building Inspection Firestone
_x Code Enforcement Fort Lupton
Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey _x Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society _Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
x_Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Lorimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_School District Greeley
Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
p`j/// ( {/
u Referral List �-
Name: !(t4t.e rAr 1 _S i ✓N 44\ At{j Case# A.t/l I iF - H9 (O
County Towns&Cities Fire Districts
_Attorney _Ault _Ault F-1
Health Department _Berthoud _Berthoud F-2 -
_Extension Office _Brighton _Briggsdale F-24
_Emergency Management Office-Ed Herring _Dacono _Brighton F-3
_Sheriffs Office ,,`Eaton _Eaton F-4
LC Public Works _Erie Fort Lupton F-5
_Housing Authority _Evans Galeton F-6
_Airport Authority _Firestone Hudson F-7
Gg-Building Inspection _Fort Lupton _Johnstown F-8
X.Code Compliance _Frederick _LaSalle F-9
—a ^^ X944: `-"' kgfifi ^"" ) _Garden City _Mountain View F-10
_Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11
_Lin or Peggy(Addressing Change of Zone) ≥&eeley _Nunn F-12
_Ambulance Services _Grover _Pawnee F-22
State _Hudson _Platteville F-13
_Div.of Water Resources _Johnstown _Platte Valley F-14
_Geological Survey Keenesburg _Poudre Valley F-15
_Department of Health _Kersey _Raymer F-2
_Department of Transportation _LaSalle _Southeast Weld F-16
_Historical Society _Lochbuie _Union Colony F-26
_Water Conservation Board _Longmont Western Hills F-20
_Oil&Gas Conservation Commission _Mead Wiggins F-18
Division of Wildlife _Milliken _Windsor/Severance F-17
_South Hwy 66(Loveland) _New Raymer / d a, uil 16 - 6 -6 J"
_North Hwy 66(Greeley) _Northglenn Legal CO ( /A - zibles.
_Division of Minerals/Geology _Nunn Parcel ID# b`r3 3 r COC(0,0(
Soil Conservation Districts _Pierce Zone C‘---4-(-6-n 4 Acres? '. • S
_Big Thompson _Platteville USDA Pk cr-s
_Boulder Valley _Severance Airport
_Brighton _Thornton Geo Haz Po
_Centennial _Windsor • FP? }—L) Panel (-1`i:1C
_Fort Collins Counties Road Impact Fee Area? c/3 c Ly
_Greeley _Adams (S1MVi3 ,-+.t ,.ro .. _T
_Longmont _Boulder IGA? P ORD# —
,
_Morgan _Broomfield MUD? J
_Platte Valley _Larimer
_Southeast Weld Other i L
b AAA".
_West Adams _Central Colo.Water Conservancy Dist
Federal Government Agencies Left Hand Water '
_US Army Corps of Engrs _School District RE- ul/ - - /- . - L{$l
_USDA-APHIS Vet Service _Art Elmquist(MUD Area) /
_Federal Aviation Admin(Structures over Ditch Company, — —
over 200 ft or w/in 20000 ft of Pub Airport Commissioner —1 'X5 7
_Federal Communications Comm
is;:,,,
;. Weld County Referral
Weld County Planning Department
' GREEt.EY OFFICE December 16, 2004
C DEC 2 9 2004
RECEIVED
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Kenneth & Susanna Harris Case Number AmPF-496
Please Reply By January 14, 2005 Planner Jacqueline Hatch
Project An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in
Avery Acres PUD.
Legal Lot 1; Pt NW4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Parcel Number 0803 10 001001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) January 20, 2005
zhave reviewed the request and find that it does/does not comply with our Comprehensive Plan
e have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date /t.)—aC-JODf
Agency CZ Q/
❖Weld County Planning Dept. +918 10"Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Department ^
GREELEY OFFICE
a DEC 2 0 2004 est
Mal my Referral
ik.
December 16, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Kenneth & Susanna Harris Case Number AmPF-496
Please Reply By January 14, 2005 Planner Jacqueline Hatch
Project An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in
Avery Acres PUD.
Legal Lot 1; Pt NW4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Parcel Number 0803 10 001001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) January 20, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
a, We have reviewed the request and find no conflicts with our interests.
0 See attached letter.
Comments:
Signatur Date .e7J/p1
Agency TOWN OF EATON
223 First Street
Eaton, CO 80615-3479
+Weld County Planning Dept. +918 10'"Street,Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Weld County Planni g Department
GREELE\0 FICE
JAN 1 .s 005
KitWeld County h� rraEI�i®
December 16, 2004
CO RECEIVED
� DEC 1 7 2004
COLORADO i8lrle(ra eta
The Weld County Department of Planning Services has received the following item for review:
Applicant Kenneth & Susanna Harris Case Number AmPF-496
Please Reply By January 14, 2005 Planner Jacqueline Hatch
Project An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in
Avery Acres PUD.
Legal Lot 1; Pt NW4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Parcel Number 0803 10 001001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) January 20, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature c6( ' Date I 2. b
Agency � CD w
+Weld County Planning Dept. +918 10'"Street,Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
1
riesit
Weld County Referral
wilge.
December 16, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Kenneth & Susanna Harris Case Number AmPF-496
Please Reply By January 14, 2005 Planner Jacqueline Hatch
Project An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in
Avery Acres PUD.
Legal Lot 1; Pt NW4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Parcel Number 0803 10 001001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) January 20, 2005
❑,We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature 7� Date / - / 7- or-
Agency
l ) !l //1 �S /OA2
❖Weld County Planning Dept. +918 10'"Street,Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Department
9REEl_EY OFFICE
i6 _IAN 1 8 2005
ll MEMORANDUM REC IVED
' TO: Jacqueline Hatch, Planning ent%WDATE: 14-January-2005
Q FROM: Peter Schei, P.E., Publi apartment
P
COLORADO SUBJECT: AmPF-0496 Avery Acres PUD(Amended Final Plat)
Weld County Public Works Department has reviewed this Amended Final Plat request. Comments made during this
phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the
remaining application process.
Comments
❑ Weld County Department of Public Works has reviewed this case. This request appears to only involve an
easement line adjustment with the access remaining as previously recognized.
o Public Works finds no issue with this Amended Final Plat at this time.
Recommendation
❑ The Public Works Department has no conflict with this Amended Final Plat.
The applicant shall address the comments listed above at the specific step of the review process stated. The review
process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved
with the Public Works Department prior to any decision or recording.
* PC: AmPF-0496 Avery Acres PUD(Amended Final Plat)
Email&Original: Planner
PC by Post: Applicant 14 04(4 tgctyayn. Uwcc5
_....._,...._.__._.___.,_.._ . Page 1 of 1 .._
DEPARTMENT OF PLANNING SERVICES
(ift, a BUILDING INSPECTION
NORTH OFFICE
918 10T" STREET
GREELEY, COLORADO 80631
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
COLORADO
November 15, 2004
Kenneth & Susanna Harris
35910 Avery Dr
Eaton CO 80615
RE: Building Permit Application BCN-020278 — Existing Pole Frame Building
The building permit application referenced above and dated 6/11/02 has expired; and I am
returning the building plans submitted at that time. A newbuilding permit application will be
required when you have resolved the zoning issues referenced in cases VI-0300327 and
BOA-1025.
If you have any questions, please do not hesitate to call me orcontact our office.
Sincerely,
Lin Dodge
Building Technician
Cc: file
VI-0300327
BOA-1025
Weld County Referral
WIIDe.
December 16, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Kenneth & Susanna Harris Case Number AmPF-496
Please Reply By January 14, 2005 Planner Jacqueline Hatch
Project An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in
Avery Acres PUD.
Legal Lot 1; Pt NW4 of Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Parcel Number 0803 10 001001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) January 20, 2005
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
O We have reviewed the request and find no conflicts with our interests.
See attached letter. t��
Comments: O � QJ C�'fyY uLo .
Signature batkDate `a-9q-0.r
Agency Zti(*rpi Orr
+Weld County Planning Dept. +918 10'"Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax
MEMORANDUM
COLORADO
To: Jacqueline Hatch, Planner December 29, 2004
From: Bethany Salzman, Zoning Compliance Officer
Subject: AmPF-496 Referral
Upon review of my computer and files,an active Building Violation was noted(VI-0300327). This violation was
initiated as a result of the construction of an Accessory Structure which does not meet setback requirements.
This case has not yet been presented to the Board of County Commissioners through the Violation Hearing
process.
It is my understanding that this permit is approved,will correct the existing violation. Please speak to Peggy
Gregory, Building Compliance Officer prior to approval.
cc: VI-0300327
BCN-020278
Peggy Gregory, Building Compliance Officer
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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��« »� r� SUBDIVISION OF LOT B, RE NO 0603-10-3-RE 1683, LOCATED N THE W1/2 CF SEC.0,
TEN, R65W, 6th PM.,WELD COUNTY,COLORADO
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2896864 11/0112001 10:49A JA Suld Teukamolo
—19c— 864 1 0l 1 R 6.00 D 7.00 Weld County CO
dacef WARRANTY DEED
THIS D D, Made this 30th day of October, 2001 between
Steve Doerschlag Custom Homes, Inc., a Colorado Corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Kenneth L. Harris and Susanna M. Harris
whose legal address is 35910 Avery Drive, Eaton, Colorado 80615
of the County of Weld and State of Colorado, grantees:
WITNESSETH: That the grantor, for and in consideration of the sum of SEVENTY
THOUSAND AND 00/100, ($70,000.00) Dollars, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
dose grant, bargain, sell, convey and confirm, unto the grantee, not in tenancy in
common but in joint tenancy, the survivor of them, their assigns and the heirs and
assigns of such survivor forever, all the real property together with improvements, if
any, situate,lying and being in the County of Weld and State of Colorado, described
as follows:
Lot 1, Avery Acres P.U.D., a subdivision of the County of Weld, State of Colorado.
also known by street and number as 35910 Avery Drive, Eaton, Colorado 80615
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, the survivor of them, their assigns, and the heirs
and assigns of such survivor forever. And the grantor, for itself, its successors and
assigns, dose covenant, grant, bargain, and agree to and with the grantees, the
survivor of them, their assigns and the heirs and assigns of such survivor, that at
the time of the ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, the survivor of them, their
heirs and the heirs and assigns of such survivor, against all and every person or
persons lawfully claiming or to claim the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its President President, and its corporate seal to be hereunto affixed,
attested by its secretary, the day and year first above written.
Attest:
y -""-W Steve Doerschlag Custom Homes, Inc., a
%`•2F 1 Colorado Corporation
1 $0 � H_ 1/
67
1/49011
Steve Doeechlag, President
STATE OF COL C
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 30th day of October, 2001, by
Steve Doerschlag as President President of Steve Doerschlag Custom Homes, Inc., a
Colorado Corporation
My commission expires 10172002
Witness my hand and official seal.
-OkRYPorA% 1113 Tenth Avenue
PUBL CC
No. 929. Rev. 7-84 1 MELIRDM ; Greeley, COLORADO 80631
wk !MESSIER
4.. •`/
ED' CO`J
trits;:ss,
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
I D 918 10'h Street
C. GREELEY, COLORADO 80631
COLORADO
•
December 16, 2004
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: AmPF-496
There will be a Public Hearing before the Weld County Utility Board on Thursday,January 20,2005, at 10:00
a.m.,in the Hearing Room,Weld County Planning Department,91810'"Street,Greeley,Colorado concerning
the request of:
NAME: Kenneth & Susanna Harris
FOR: An Amendment to a PUD Final Plan (utility easement adjustment)for Lot 1 in Avery Acres PUD
LEGAL DESCRIPTION: Lot 1; Pt NW4 of Section 10,T6N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1/4 mile east of R 43 and approximately 1/4 mile south of CR 72.
Your property is within five-hundred (500)feet of the property on which this request has been made or you
may have an interest in the minerals located under the property. For additional information write or telephone
Jacqueline Hatch, Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 918 10`" Street, Greeley, Colorado 80631, on or before the date of public
hearing.
For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda
Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is
being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information.
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNER
HAYDEN
AVERY ACRES HOA 1616 DE VE AVE
37353 HWY 85 MODESTO CA 95350
EATON CO 80615
WELLS FARGO
BAGLEY 2164 35TH AVE
2110 59 AVE CT GREELEY CO 80634
GREELEY CO 80634
BURNETT CATTLE
HANSEN 21221 CR 70
35884 AVERY DR EATON CO 80615
EATON CO 80615
SUTTER
KAISER 4348 PLUMWOOD DRIVE
3312 CARSON AVE WEST DES MOINES IA 50265
EVANS CO 80620
HATCH
NAIBAUER 21131 CR 70
35806 AVERY DRIVE EATON CO 80615
EATON CO 80615
SCHREIBER
MCCREERY 2155 GLENFAIR DRIVE
120 MAPLE AVE GREELEY CO 80631
EATON CO 80615
HOLLOWAY
RAISLEY 3542 WAGONTRAIL ROAD
35844 AVERY DR GREELEY CO 80631
EATON CO 80615
PETROGULF ENERGY
SERFER MCCLEOD DOUGLAS
4315 E HARMONY RD 518 17TH STREET
FORT COLLINS CO 80525 GREELEY CO 80631
NORRIS
416 PARK ST CERTIFICATE OF MAILING
SALINAS CA 93901
I hereby certify that I have placed a true and
SUTTER correct copy of the surrounding property owners
37353 HWY 85 and owners and lessees of minerals in accordance
EATON CO 80615 with the notification requirements of Weld County
in Case Number AMPF-496 in the United States
ANDERSON Mail, postage prepaid First Class Mail by letter as
5818 16TH LANE addressed on the attached list this 15" day of
GREELEY CO 80634 DECEMBER, 2004.
UPTON
PO BOX 3330
COPPER MTN CO 80433 ` IOC
HAYDEN �J
PO BOX 1084 Voneen Macklin
GREELEY CO 80632
HAYDEN
3024 CODY AVENUE
EVANS CO 80620
Weld County Planning
918 10th Street ` 0'�° No
i t Greeley CO 80631 o y •_" '' `rs®.®
,_Jwrn�y�eouvEs
W illIA $
0 _. - ao.Z7$
Tom- wy �j'��y 4, 0004352957 DEC'I7 2004
;Y -MAILED r o Zip r '3 noc 8061
COLORADO "e County Planning Oepartmenl
GREELEY OFFICE
DEC 2 2 2004 C
PETROGULF ENERGY
344 MCCLEOD DOUGLAS r RECEIVED
518 17Th STREET . mot
r GREELEY CO 80631 T°o
�+arR i
Eic3i'fr i'f iliddli mIL„JI.JN.A.11. IIL.L..IiLJ.LIi
M
•
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Property Legal Description: 3S9/c Avc cy I>t 'vt fraafnc-; Cr, go d/ 'C
Parcel Number_a -4 C - -
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list
is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners'of property(the surface estate)within five hundred(500)feet of the property
being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do
the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted
to the Department of Planning Services.
By: do•
as'1 �
Title: / ".2ye ty o -n-m--e
The foregoing instrument was subscribed and sworn to me this day of 1 t_61, 1 , -.
WITNESS my hand and official seal.
My Commission Expires:
—1:16419 -
Notary Public
-6-
AFFIDAVIT OF INTEREST,Lp LAND OWNERS ,_.. Page 1 of 1
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 080310001001
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
�/
.. /2-0/ -c2Y .__..._.
Date
Property Owners Within 500 ft. of Parcel# 08031000100.1
NAME MAILING ADDRESS PARCEL IDENTIFICATION
37353 HWY 85
AVERY ACRES HOMEOWNERS ASSOC 080310001007
EATON,CO 80615
2110 59 AVE CT
BAGLEY PERRY M 080310001006
GREELEY,CO 80634
35884 AVERY DR
HANSEN JOEL RAY & CLARA JANE 080310001002
EATON,CO 80615-9206
3312 CARSON AV
KAISER HERMAN& HILDA 080310000013
EVANS,CO 80620-1414
120 MAPLE AVE
MCCREERY JAMES C 080303300046
EATON,CO 80615-3441
35806 AVERY DR
NAIBAUER MICHAEL P & KELLI L 080310001004
EATON,CO 80615
RAISLEY JEFFREY GERALD & DENA 35844 AVERY DR
KELLY 080310001003
EATON,CO 80615-9206
4315 E HARMONY RD
SERFER LAND VENTURES LLC FORT COLLINS,CO 080303300047
80525
http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=080310001001&Parl... 11/8/2004
• AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Property Legal Description: -3_(7/C AVett Dc vt ..t-csT,., e'cl> go a/ S
Parcel Number O S O 3 - / O - - / - a O /
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
STATE OF COLORADO
)ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge,the attached list
is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records by a person
qualified to do the task, and shall be current as of a date more than thirty(30) days prior to the date the application
is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S.
24-65.5-102 through 104.
Title: rttrr/?; . <ax0.
nc-nc-�
The foregoing instrument was subscribed and sworn to me this&i day of. ISL'L
WITNESS my hand and official seal.
My Commission Expires: 9 41 (L:2 /
000 Notary Public
-7-
Names of Mineral Owqgrs and Lessees on
Subject Property (Avery Acres):
Name: Address_
Interest Owners: 416 Park St.
Norris, Jill Sutter
Salinas, CA 93901
Sutter,John Avery 37353 Highway 85
Eaton, CO 80615
Anderson, Larry Eti 5818 16th Lane
Greeley, CO 80634
Upton, Donna Anderson P.O. Box 3330
Copper Mountain, CO 80433
Hayden, William G. HI P.O. Box 1084
G,e Bey, CO 80632
Hayden, Katherine 3024 Cody Avenue
Evans, CO 80620
Hayden, William G. IV 1616 De Ve Ave
Modesto, CA 95350
Wells Fargo Bank West NA 2164 35th Avenue
Greeley, CO 80634
Burnett Cattle Company 21221 Weld County Rd. 70
Eaton, CO 80615
Sutter, James Ted 4348 Plumwood Drive
West Des M.oines, IA 50265
M nf:2 R mdy C 21. 131 Weld County Read 3
Eztr,n, CO 80615
Schreiber, jack L. 2155 GlenfairDrive
Greeley, CO 80631
Holloway, Edward A. 3542 Wagontrail Road
Greeley, CO 80631
McCleod, Douglas 518-17t St
D/B/A: Petroguif Energy Company Greeley, CO 80631
FAO Luther Cromwell do MORG P O. Box 9808
Richardson Operating Co. Denver, CO 80209
Lyco Energy Corp 6688 N. Central Expwy, p 1600
Dallas, TX 75206-3927
Petroleum Development Corp P.O. Box 26
Bridgeport, WV 26330
Lesser Box
Duke Energy Field Services, Inc. P.O.P.O. er, 5493 80217
(refer to owner#90879 when writing)
TEPCO P.O. Box 696000
(refer to owner 410085193 when writing) San Antonio, TX 78269-6000
MEMORANDUM
• tlic' TO: Clerk to the Board
WIIR€ DATE: February 2, 2005
COLORADO FROM: Jacqueline Hatch, Planner
SUBJECT: Correction AMPF-496 Kenneth & Susanna Harris
The Department of Planning Services requests that the description of the application be
changed
On Page 1 of Staff Comments
The Department of Planning Services' Staff has received responses from the following
agencies:
• Weld County Department of Public Health and Environment, referral received January
12, 2005 September 23, 2004
• Weld County Department of Public Works, referral received January 14, 2005
September 30, 2004
• Weld County Code Compliance, referral received December 29, 2004 September 2;
2004
• Colorado Department of Transportation, referral received September 6, 2004
• Colorado Division of Wildlife, referral received September 21, 2004
• Longmont Soil Conservation District, referral received September 14, 2004
• Mountain View Fire Protection District, referral received September 27, 2001
• Town of Mead, referral received September 7, 2001
• Town of Longmont, referral received September 23, 2004
Town of Frederick, referral received October 12, 2004
• Weld County Building Inspection, referral received January 17, 2005
Town of Eaton, referral received December 17, 2004
• City of Greeley, referral received December 28, 2004
P.U.D Final Plan
Summary Sheet
WIiDc.
COLORADO
Case Number AMPF-496 Hearing Date: February 2, 2005
Applicant: Kenneth and Susanna Harris
Address: 35910 Avery Drive Eaton, CO 80615
Request: An Amendment to a PUD Final Plat (utility line adjustment) for Lot
1 in the Avery Acres PUD
Legal Description: Lot 1 of the Avery Acres PUD; being part of NW4 of Section 10,
Township 6 North, Range 65 West of the 6th P.M., Weld County,
Colorado.
Location: Approximately '/ mile south of CR 72 and approximately '/ mile
east of CR 43.
Parcel Size: +/- 2.5 acres Parcel Numbers: 0803 10 001001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses from the following
agencies:
• Weld County Department of Public Health and Environment, referral received
January 12, 2005 Septembor 23, 2004
• Weld County Department of Public Works, referral received January 14, 2005
Septembor 30, 2004
• Weld County Code Compliance, referral received December 29, 2004
September 2, 2004
• Colorado Department of Transportation, referral received September 6, 2004
• Colorado Division of Wildlife, referral received September 21, 2001
• Longmont Soil Conservation District, reforral received September 1/, 2004
• Mountain View Fire Protection District, reforral received September 27, 2004
• Town of Mead,referral roceivod September 7, 2001
• Town of Longmont, referral received September 23, 2001
• Town of Frederick, referral received October 12, 2004
• Weld County Building Inspection, referral received January 17, 2005
• Town of Eaton, referral received December 17, 2004
• City of Greeley, referral received December 28, 2004
P.U.D Final Plan
Administrative Review
WUDc.
COLORADO
Case Number: AMPF-496 Hearing Date: February 2, 2005
Planner: J. Hatch
Applicant: Kenneth and Susanna Harris
Address: 35910 Avery Drive Eaton, CO 80615
Request: An Amendment to a PUD Final Plat (utility line adjustment) for Lot 1 in the
Avery Acres PUD
Legal Description: Lot 1 of the Avery Acres PUD; being part of NW4 of Section 10, Township
6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: Approximately ''A mile south of CR 72 and approximately Y< mile east of
CR 43.
Parcel Size: +/- 2.5 acres Parcel Numbers: 0803 10 001001
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section
27-7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as
follows:
a. Section 27-7-40.C.1—That the proposal is consistent with Chapters 19, 22, 23, 24
and 26 of the Weld County Code and any intergovernmental agreement in effect
influencing the PUD. The proposed PUD Final Plan is consistent with all the
applicable chapters of the Weld County Code. There is an existing fifteen foot
(15') utility easement on the north and west side of Lot 1. There is an existing 25'
utility easement on the east side of Lot 1. At the Utility Board hearing dated
January 20, 2005 the Board requested that the applicant be required to obtain a
written sign-off from the utility service providers prior to recording the plat. The
Board of Adjustments reviewed BOA-1025 for a variance from the side lot line on
May 13, 2004 and granted approval of the variance. The property is not located
in an IGA area but is located within three miles of the City of Greeley and the
Town of Eaton.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District contained
in Article II, Chapter 27 of the Weld County Code. The proposal does not affect
AMPF-496 Avery Acres PUD Page 2
the performance standards and/or the development standards as approved by
the Board of County Commissioners for the Avery Acres Final Plat recorded on
May 3, 2000.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted by
the existing zoning, and with the future development as projected by Chapter 22
of the Weld County Code or master plans of affected municipalities. The City of
Greeley and the Town of Eaton in their referrals dated December 28, 2004 and
December 17, 2004 respectively indicate no conflict. The Harris' built their
garage 8'8" from the north property line. The proposal is to decrease the 15'
utility easement on the north portion of their lot to 6'4" in the location of the
garage.
d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the performance standards in Article Il, Chapter 27 of the Weld
County Code. Avery Acres PUD is serviced by North Weld County Water District
and individual sewage disposal systems.
e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. The
proposal does not affect transportation facilities. The Department of Public
Works indicated in their referral dated January 14, 2005 that they have no
comments or any disagreements with this application.
f. Section 27-7-40.C.6 - In the event the street or highway facilities are not
adequate, the applicant shall supply information which demonstrates the
willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Sections of Chapters 22, 24 and 26, if
applicable. According to the Department of Public Works the proposal does not
affect transportation facilities.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the subject
site. Issues regarding overlay districts, commercial mineral deposits, and soil
conditions were addressed during the original Final Plan, PF-496 for Avery
Acres.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
h. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and
criteria listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the development guide.
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral
agencies.
AMPF-496 Avery Acres PUD Page 3
The Department of Planning Services' Staff recommendation for approval is conditional upon
the following:
1. Prior to recording the PUD Final Plat:
a. The applicant shall submit to the Department of Building Inspection a building
permit for the garage. Written evidence that the application has been submitted
shall be provided to the Department of Planning Services. (Department of
Planning Services)
b. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled AMPF-496. (Department of Planning
Services)
2. The Weld County's Right to Farm statement, Appendix 22-E shall be
placed on the plat. (Department of Planning Services)
3. The applicant shall address the requirements (concerns) of the Utility
Board as stated in the meeting minutes from January 20, 2005.
(Department of Planning Services)
4. The applicants shall obtain a written sign-off from the utility providers prior
to recording the plat. The utility name and signature shall be on the plat
in accordance with Section 27-9-40.B of the Weld County Code.
(Department of Planning Services & Utility Board)
c. The Final Plat is conditional upon the following and each shall be placed on the
Final Plat as notes prior to recording:
1. This replat shall comply with the notes listed on the Avery Acres PUD plat
(PF-496) recorded May 3, 2000 under reception # 2765560.
A. The PUD shall consist of five (5) Estate zoned lots and one (1)
Agriculturally zoned lot. The Final Plat allows for Estate uses (5
lots) which shall comply with the Estate Zone District requirements
as set forth in Chapter 23 of the Weld County Code and
Agricultural uses (1 lot) which shall comply with the Agricultural
Zone District requirements as set forth in Chapter 23 of the Weld
County Zoning Ordinance. Development on the Agricultural lot
shall be limited to structures related to the agricultural use. No
residential structures shall be allowed. (Department of Planning
Services)
B. If water from North Weld County Water District can not be
obtained the applicant shall submit an augmentation plan to be
approved by the Colorado Division of Water Resources to allow
exterior use of water for gardens, yards, animals, etc. An
approved plan shall be in place prior to releasing building permits.
(Department of Planning Services)
AMPF-496 Avery Acres PUD Page 4
C. The property shall adhere to the Weld County Right To Farm
Covenant per appendix 22-E of the Weld County Code.
D. Lot owners shall not divert ditch water unless the appropriate ditch
water rights are purchased. (Department of Planning Services)
E. Lot owners should be informed that a crop dusting facility is
located directly north of this PUD. It is legally permitted through
Use by Special Review Permit # 814 and is eligible to apply for
expansion. (Department of Planning Services)
F. The site shall be developed in accordance with the
recommendations contained in the geotechnical report. (Colorado
Geological Survey)
G. Access to any agricultural improvements on the agricultural lot
shall be from Avery Drive. (Department of Planning Services)
H. All construction or improvements occurring in the flood plain as
delineated on FEMA Community Panel Map 080266 0489 C and
0627 C, dated September 28, 1982, shall comply with the Flood
Hazard Overlay District requirements of Section 26 of the Weld
County Code. (Department of Planning Services)
Installation of utilities shall comply with Section 24-7-60 of the
Weld County Code. (Department of Planning Services)
J. Individual sewage disposal systems are required for the proposed
residential lots and shall be installed according to the Weld County
Individual Sewage Disposal (I.S.D.S.) Regulations. (Health Dept.)
K. In the event that five (5) or more acres are disturbed during the
construction and development of this site, the applicant shall
obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and
the Environment. (Health Dept.)
L. During development of the site, all land disturbance shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a fugitive
dust control plan must be submitted. (Health Dept.)
M. Dwellings on each lot are required to have engineered foundations
and an open hole inspection conducted by a geotechnical
engineer. Outbuildings including foundations shall be built to the
Weld County Building Code. (Building Inspection)
N. The applicant shall place a stop sign and a street sign identifying
Avery Acres' access at the appropriate location. (Public Works)
AMPF-496 Avery Acres PUD Page 5
O. Any signage located on the property shall require building permits
and adhere to Section 23-4-780 and 23-4-90 of the Weld County
Code. (Department of Planning Services)
P. The applicant shall comply with Chapter 23 and 27 of the Weld
County Code. (Department of Planning Services)
Q. Approval of this plan may create a vested property right pursuant
to Section 23-8-10 of the Weld County Code. (Department of
Planning Services)
R. Personnel from the Weld County Health and Planning
Departments shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated herein
and all applicable Weld County Regulations. (Department of
Planning Services)
S. No development activity shall commence on the property, nor
shall any building permits be issued on the property until the final
plan has been approved and recorded. (Department of Planning
Services)
2. Effective January 1, 2003, Building Permits issued on the proposed lots
will be required to adhere to the fee structure of the Weld County Road
Impact Program. (Ordinance 2002-11) (Department of Planning Services)
3. A plan review is required for each building. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit. (Department of
Building Inspection)
4. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include
the 2003 International Building Code, 2003 International Residential
Code, 2003 International Mechanical Code, 2003 International Plumbing
Code, 2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
6. Building height, wall and opening protection and separation of buildings
with mixed uses shall be in accordance with the Building and / or
Residential Code in effect at the time of permit application. Setback and
offset distances shall be determined by the Weld County Code.
(Department of Building Inspection)
7. Building height shall be measured in accordance with the applicable
Building Code for the purpose of determining the maximum building size
and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld
AMPF-496 Avery Acres PUD Page 6
County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Off-set and setback requirements
are measured to the farthest projection from the building. (Depart of
Building Inspection)
8. The property owner shall be responsible for compiling with the
Performance Standards of Chapter 27, Article II and Article VIII, of the
Weld County Code. (Department of Planning Services)
9. The property owner shall be responsible for complying with Chapter 27
and Chapter 26, Article VIII, of the Weld County Code. (Department of
Planning Services)
10. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code. (Department of Planning Services)
11. Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code. (Department of Planning Services)
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Amended
Final Plat application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export
files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is
not acceptable). (Department of Planning Services)
4. Upon completion of item #1 above the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-4-40.D.6 through D.9 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee.
AMPF-496 Avery Acres PUD Page 7
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