HomeMy WebLinkAbout20042606.tiff 08/24/2004 12:41 9703517851
Aug 24 04 12: 22p Todd Hodges Design, LLC 970-613-0775 PAGE 02
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BOARD OF COUNTY COMMISSIONERS
PHONE (970)338-7204, Ext.4200
FAX: (970)3520242
CP. O. 8OX 758
O GREELEY,COLORADO 80632
COLORADO
August 20, 2004
Olando, LLC
do Ed Orr and Tammy Ellerman
c/o Todd Hodges Design, LLC •
1269 North Cleveland Avenue
Loveland, Colorado 80537
To Whom it May Concern:
Your application for Change of Zone#547 from the A(Agricultural)Zone District to the E (Estate)
Zone District for a nine (9)lot Minor Subdivision has been recommended unfavorably to the
Board of County Commissioners by the Planning Commission. The legal description of the
property involved is shown as Lot B of Recorded Exemption #2018; being part of the SE1/4 of
Section 16, Township 6 North, Range 84 West of the 6th P.M., Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office, Regular
hearing procedures will then be followed.
In order to proceed with a headng date of September 29, 2004, as discussed, we must receive
your reply by September 1, 2004. If we are not 1n receipt of your request by that date, the matter
• will be scheduled for a subsequent date. If a response is not received by September 20,
2004, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
COLORADO
wa."44,_
Robert D. Masden, Chair
RDM/eeg
1/we, ��n h �oa6A /t.n
1/wa, •stoners t do hereby request the Board of County
gonsider the above mentioned application.
EXHIBIT
I
2004-2606 mE-#5y7
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS September 14, 2004 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR MZ-547 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
Signet lyt of Perso Posting Sign
' {747/g4-7(
STATE OF COLORADO
) ss.
COUNTY OF WELD
G- _ 1
The foregoing instrument was subscribed and sworn to me this r'1 day of .Z' ;] iqa a , 2004.
WITNESS my hand and official seal.
I I �
` L/,
Notary Public
/- 7
My Commission Expires 7 l
IEXHIBIT
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7_4e'1,. ' U f w.jl _ '< 4� "' „fit � �,/ & °,11 Posted September 14, 2004 by Sheri Lockman
September 23, 2004
Ms. Sheri Lockman. Planner
Weld County Planning Services
918 10th Street
Greeley, CO 80631
RE: Owl Creek Acres, Minor Subdivision Change of Zone
Dear Ms. Lockman:
I have reviewed the Board of County Commissioners Resolution for the aforementioned
land use application. [here are several items that have been addressed either prior the
Planning Commission hearing, or herein. These items will be discussed below. We will
be asking the Board to remove these items at the hearing.
Condition of Approval item 1,'13
Permits have been obtained from CDOT and were included in application materials. We
are proposing to pave the internal road for dust suppression, above what is required for a
Minor Subdivision (gravel) per County Code.
Condition of Approval Item I E
Two well permits were pulled by the previous land owner. These two wells were never
drilled. The permits expired on August 18, 2002 and copies are attached.
Thank you for your time and consideration in this matter. I look forward to working with
you. Please make this information available for the Board of County Commissioners
with application materials prior to the hearing.
Sityc yrelc t c c c: ,
��i�t
Ed Orr Tammy Herman
Orr Land Company/ Olando LI,C Orr Iand Company/Olando LLC
Or Land Company
826 9th Street EXHIBIT
a Greeley, Colorado 80031
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Bus. • (970) 351-8777 Fax • (970) 351-7851 Web • orrland.com
07/03/05 SUN 09:53 FAX 3074726105 ^ 0 001/002
Form No.____.OFFICE OF THE STATE ENGINEER
GWS-2-5- COLORADO DIVISION OF WATER RESOURCES
918 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203
(303)866.3581 857
WELL PERMIT NUMBER 22831 _
APPLICANT DIV. 1 WD 1 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
AFFORDABLE COUNTRY HOMES LLC NW 1/4 SE 1/4 Section 16
2337 10TH ST#C Township 6 N Range 64 W Sixth P.M.
GREELEY, CO 80634-
DISTANCES FROM SECTION LINES
2970 Ft. from North Section Line
(970) 381-9054 2840 Ft. from West Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This wall shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,'unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37.92-602(3)(b)(II)(A) as the only well on a tract of land of 38.00 acres described as that portion
of the SE 1/4, Sec. 16,Twp.6 N, Rng. 64 W. Sixth P.M.,Weld County,more particularly described as the N 1/2 of Lot B on the
attached exhibit A.
, 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings,the Irrigation of not more than one (1) acre of home gardens and lawns, and the watering ,'•
• of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system In which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this o%t/`e,
APPROVED wL1 z . Ago.. / ACti2
JSG
State Engineer AUG 18 2000 By EXPIRATION DATE AUG 'I 2 Receipt No.0463144 DATE ISSUED
07/03/05 SUN 09:53 FAX 3074726105 2002/002
Form No.__.. OFFICE OF '. E STATE ENGINEER
GWS'rs COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303)866-3581
�.� 857
WELL PERMIT NUMBER 228115 - _
APPLICANT DIV. 1 WD 1 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
AFFORDABLE COUNTRY HOMES LLC SW 1/4 SE 1/4 Section 16
2337 10TH ST#C Township 6 N Range 64 W Sixth P.M.
GREELEY, CO 80634-
DISTANCES FROM SECTION LINES
(970)381-9054 640 Ft. from South Section Line
PERMIT TO CONSTRUCT A WELL 2840 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2: unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 38.00 acres described as that portion
of the SE 1/4, Sec. 16, Twp, 6 N, Rng. 64 W,Sixth P.M., Weld County. more particularly described as the S 1/2 of Lot B on the
attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
jthree (3)single family dwellings,the irrigation of not more than one (1) acre of home gardens and lawns, and the watering ./
f domestic animals,
5) The maximum pumping rate of this well shall not exceed 15 GPM,
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this pormitG20,S/,7/oo
APPROVED lr� g�
JSG .f.Jefrb
State Engineer
.Receipt No.0463146 DATE ISSUED AUGyG 182000 EXPI TION DATEAUG 18 200
Board of Weld County Commissioners
Re: Zone change for proposed Owl Creek Estates
9/27/04
To the board of commissioners,
I object to the development of the proposed Owl Creek Estates for the following reasons:
1. The Weld county sheriff's office has stated in its referral that it lacks the ability to absorb
any more service demand without the resources it recommended in the multi-year plan
given to the county commissioners, "or as indicated by growth not considered at the time
the plan was developed". If these resources have not been allocated, it would be
irresponsible for the planning commission or the county commissioners to approve this
plan, and it can be expected that the two agencies would be held fully accountable by the
community for any failures in the emergency response system resulting from increased
unmet demand on the system.
2. The county commissioners, based in part on their concern for the adequacy of water to
irrigate the 15 acres of proposed open space, rejected the previous application. In
response, the developer has indeed substantially changed this present application: he has
eliminated the 15 acres of open space, and added two more houses. I argue that the total
acreage remains the same: it's still +/- 76 acres; and, except for the minimal acreage
covered in buildings, will probably require even more water to irrigate (for intensive
landscaping), than 15 acres of native grassland, which was the original proposal for
planting this piece. The attached copy of the response from the Office of the State
Engineer, Division of Water Resources, expresses the concern that in the first place, the
agreement between North Weld County Water District and the owners has not yet been
signed. Does this indicate some hesitation on the part of NWCWD to commit the water
resources to this project? The engineer also notes that a"Water Supply Information
Summary" was provided in the application, but without indicating what the estimated
water requirement for the subdivision would be. The letter notes that NWCWD will
restrict the delivery of water as necessary when the CBT allotment is less than 50%. We
all know full well that the water district will indeed restrict water supplies to us if
necessary. All of us here know the effects of the ongoing drought: the Eaton ditch isn't
t
running at all this year, and we are not able to buy any additional water from NWCWD as
we have in past years. And contrary to the contention that there will be adequate supplies
of water for these additional nine homes, many of us are already experiencing decreasing
pressure in our water systems, and not happy about it. The Statewide Water Supply
Initiative reports have stated that every major river system in Colorado is over-
adjudicated, even in wet years. How on earth does it make sense to continue developing
densely populated areas in the face of such definitive water shortage data?
3. Although the county comp plan was significantly revised recently, to allow for increased
development, it continues to extol the virtues of preserving farmland and the value of
rural living, and it continues to actively encourage the preservation of agriculture in the
county. The right to farm clause speaks of the many incentives for rural living: open
views, spaciousness, lack of noise and congestion,presence of wildlife, and a rural
atmosphere. In fact, however, randomly plopping a nine-house subdivision 10 miles
from a municipality will violate all of these incentives, and is completely inconsistent
with the pattern of development in our neighborhood up to this point. There will be
fewer open views from our windows, decreased spaciousness, far less wildlife to view,
and increased noise and congestion from increased traffic and denser population, as well
as the end of any sense of a rural atmosphere.
4. The CDOT estimates that this subdivision will increase the number of vehicle trips per
day by 86, and describes this as insignificant. This increase is not insignificant to us:
this subdivision will be located just beyond the crest of a hill, on a highway that posts a
traffic speed of 65 mph. This includes a high volume of semi-truck traffic, already
significantly increased since the improvements to highway 37.
5. In chapter 22 of the county comprehensive plan, it is stated that the county should
"Discourage urban-scale residential, commercial, and industrial development which is
not located adjacent to existing incorporated municipalities." In this application, the
developer states that this project is a non-urban, minor subdivision. But given the pattern
of development thus far in our neighborhood, I do not consider this a"minor"
subdivision. The pattern of development has been the purchase of small acreages (usually
sprinkler corners), or fair-sized parcels (60 or more acres), with one house built on them,
and the remainder of the parcel farmed. The population density of this subdivision would
be dramatically greater than that of any other parcel for miles, and would not be at all
consistent with the existing neighborhood. The placement of subdivisions in this
neighborhood is just anomalous: it does not fit, and is not welcome.
6. Eliminating the open space is the exact opposite of one of the principles of smart growth:
to cluster buildings and preserve some percentage of open space on each parcel, thereby
at least attempting to preserve views, wildlife habitat, etc. In this respect, this proposal is
contrary to contemporary, cutting-edge growth planning, and would be rejected by many
conscientious and forward-thinking public officials.
7. In the application, the applicant states that the individuals living in the vicinity of the
property live in an ag area, but are not affected by the maintenance and aesthetic
guidelines typical of a subdivision. Is he joking? Is he saying that we won't be affected
by the quick addition of nine houses in our neighborhood, the increased demand on
services, the increased population density, the increased noise, and the ensuing increase
in traffic? Agriculture and subdivisions are exact opposites, and I fail to understand the
applicant's statement.
-- 8. Despite the claims of the developer that covenants will strictly-control such issues as
conservation, noise, livestock, nuisances, etc., there are NO covenants included in this
application, and I am extremely dubious about the lack of commitment to the controls
espoused in this application.
I'd like to end by asking that the planning commission and the county commissioners admit
that preserving farmland and developing it cannot occur at the same time: we can't have our cake
and eat it too. It's time to recognize that we either have to commit to fully embracing agriculture
in this county, and explore alternatives to development to help farmers and ranchers realize a
gain from their property, or we need to abandon agriculture entirely, and throw ourselves wholly
into developing and urbanizing this county. Development and urbanization is what's slowly
happening here, and I am tired of hearing and seeing these contradictions. Neither should the
commissioners delude themselves that they can promote suburban growth and insist that these
new suburban neighbors keep quiet about the noise and smell of their ag neighbors: as
development increases, so will complaints against ag neighbors. The county commissioners will
have to mediate these complaints, and be more accountable to constituents who have spent a lot
of money to move to this area, and want the services and amenities they're used to in their old
urban neighborhoods.
Julie Boyle
26414 Hwy. 392
Gill, CO 80624
SW T
ar
Board of County Commissioners of Weld County ® "
Re: Docket# 2004-85
Applicant: Olando, LLC/Ed On and Tammy Ellerman 9/29/04
To the Weld County Commissioners:
The undersigned object to the zone change requested in this application for the following
reasons:
1. We have great concerns about the adequacy of water supplies, and the adequacy
of water pressure to existing homes. We are all too familiar with the effects of the
drought, and are under no illusions that drought concerns are past. The response
from the Office of the State Engineer, Division of Water Resources, expresses the
concern that the agreement between North Weld County Water District and the
owners has not yet been signed. Does this indicate some hesitation on the part of
NWCWD to commit the water resources to this project? The engineer also notes
that a"Water Supply Information Summary" was provided in the application, but
without indicating what the estimated water requirement for the subdivision
would be. The letter notes that NWCWD will restrict the delivery of water as
necessary when the CBT allotment is less than 50%. We all know full well that
the water district will indeed restrict water supplies to us if necessary. We are not
able to buy any additional water from NWCWD as we have in past years. And
contrary to the contention that there will be adequate supplies of water for these
additional nine homes, many of us are already experiencing decreasing pressure in
our water systems, and are not happy about it.
2. Incompatibility with the existing neighborhood: The right to farm clause speaks
of the many incentives for rural living: open views, spaciousness, lack of noise
and congestion, presence of wildlife, and a rural atmosphere. In fact, however,
randomly plopping a nine-house subdivision 10 miles from a municipality will
violate all of these incentives, and is completely inconsistent with the pattern of
development in our neighborhood up to this point. The pattern of development
has been the purchase of small acreages (usually sprinkler corners), or fair-sized
parcels (60 or more acres), with one house built on them, and the remainder of the
parcel farmed. The population density of this subdivision would be dramatically
greater than that of any other parcel for miles, and would not be at all consistent
with the existing neighborhood. The placement of subdivisions in this
neighborhood is just anomalous: it does not fit, and is not welcome.
3. The county comp plan was significantly revised recently, to allow for increased
development, but it continues to extol the virtues of preserving farmland and the
value of rural living, and it continues to actively encourage the preservation of
agriculture in the county. "Minor" subdivisions are not an example of
preservation of farmland, and are counter to the spirit of the comp plan. Also,
Chapter 22 of the county comprehensive plan states that the county should
"Discourage urban-scale residential, commercial, and industrial development
which is not located adjacent to existing incorporated municipalities."
4. We are concerned about the increased traffic to and from this subdivision. The
CDOT estimates that this subdivision will increase the number of vehicle trips per
day by 86, and describes this as insignificant. This increase is not insignificant to
us: this subdivision will be located just beyond the crest of a hill, on a highway
that posts a traffic speed of 65 mph. This includes a high volume of semi-truck
traffic, already significantly increased since the improvements to highway 37.
5. At the time of the hearing before the Planning Commission, the application spoke
of controlling covenants that would govern this subdivision, but none were
included in this application. We believe no application for such a zone change
should be approved without being able to review covenants, and decide on their
acceptability or lack thereof.
Due to the above concerns, we request that the commissioners vote to deny this zone
change request.
Respectfully submitted and signed:
y • • .
us: this subdivision will be located just beyond the crest of a hill, on a highway
that posts a traffic speed of 65 mph. This includes a high volume of semi-truck
traffic, already significantly increased since the improvements to highway 37.
5. At the time of the hearing before the Planning Commission, the application spoke
of controlling covenants that would govern this subdivision, but none were
included in this application. We believe no application for such a zone change
should be approved without being able to review covenants, and decide on their
acceptability or lack thereof.
Due to the above concerns, we request that the commissioners vote to deny this zone
change request.
R ectfully submitted and signed:
us: this subdivision will be located just beyond the crest of a hill, on a highway
that posts a traffic speed of 65 mph. This includes a high volume of semi-truck
traffic, already significantly increased since the improvements to highway 37.
5. At the time of the hearing before the Planning Commission,the application spoke
of controlling covenants that would govern this subdivision, but none were
included in this application. We believe no application for such a zone change
should be approved without being able to review covenants, and decide on their
acceptability or lack thereof.
Due to the above concerns, we request that the commissioners vote to deny this zone
change request.
Respectfully submitted and signed:
3352)9 IU6,e 5 3
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NOTE: Weld County 44.,., c Gift "
Merrick Web site and I •y a
Planning records were ""`"
create this map. MAIConally,Cobrado „`i I ....,4.:: ! 4._..
used to
Key to Surrounding Property Creation
Map : 202 Lots Total
• Not Colored:
• 12 Parcels, 6%
. Linde's Lake PUD (7 lots), 1999
. Grandview Acres Minor Sub (5 lots), 1998
• Creation unknown, 23 Parcels, 11%
▪ Prior Zoning, or incomplete records available
• Green: Site
• Additional 9 lots equate to 4% of new total
• Yellow: 35 Parcels, 18%
• RE/SE Lots created prior to Dairy USR (3/30/1988)
• Orange: 109 Parcels, 54%
▪ RE/SE Lots created between Dairy USR (3/30/1988) & AmUSR (2/14/01).
• Salmon/Red: 23 Parcels, 11%
▪ RE/SE Lots created after AmUSR (2/14/01).
• 11% of parcels have been created in past 3-1/2 years.
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Weld County Code Compliance :
iii.
Comprehensive Plan
• Provide for an Opportunity to divide Agricultural Zoned
Land to accommodate Low-Intensity Development.
• Section 22-2-190.E Residential Goal 5
• Section 22-2-60.C Agricultural Goal 3
• Rural Developments are generally found in areas such as
on the fringes of municipal boundaries and property
between communities.
• Section 22-2-180.F. Residential Principles
• "Conversion of agricultural land to non-urban
residential commercial and industrial uses will be
accommodated when the subject site is in an area that
can support such developments. Such developments
shall attempt to be compatible with the region."Services are available to support this Minor Subdivision
and the design is compatible with the surrounding area
and region.
• Section 22-2-60.D Agricultural Goal 4
} I }
Board of County Commissioners Criteria for Approval :
Change of Zone Minor Subdivision (23-2-40 & 50)
Consistent with the Comprehensive Plan
• Section 23-2-40.6.1 The proposal is consistent with the policies of Chapter 22 of this Code.
• Proposed uses are compatible with Surrounding Uses
• Section 23-2-40.6.2 That the uses which will be allowed on the subject property by granting
this Change of Zone will be compatible with the surrounding land uses.
• Adequate Water and Sewer Service Availability
• Section 23-2-40.6.3 Adequate water & sewer service can be made available to serve the site.
• Adequate Street Availability and Design
• Section 23-2-40.6.4 That street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed Zone District.
• Compliance with Overlay Districts
• Section 23-2-40.6.5 That in those instances where the following characteristics are applicable
to the rezoning request the applicant had demonstrated compliance with the applicable
standards of an applicable Overlay District and any limiting site conditions.
• Application Requirements of 23-2-50
• The applicant has complied with all the application requirements listed in Section 23-2-50 of the
Weld County Code.
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Property :. _ - - J $ �
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Creation _
- - ) i i- a. ' -1...--1 C. - r
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NOTE: Weld County I .i1 GiltF' 1
Merrick Web site and
Planning records were
rYwbCooal CoColoradog■rsde a :'
used to create this map. '..— , -- Y ` .-.--.
Key to Surrounding Property Creation
Map : 202 Lots Total
• Not Colored:
• 12 Parcels, 6%
• Linde's Lake PUD (7 lots), 1999
• Grandview Acres Minor Sub (5 lots), 1998
• Creation unknown, 23 Parcels, 11%
• Prior Zoning, or incomplete records available
• Green: Site
• Additional 9 lots equate to 4% of new total
• Yellow: 35 Parcels, 18%
▪ RE/SE Lots created prior to Dairy USR (3/30/1988)
• Orange: 109 Parcels, 54%
▪ RE/SE Lots created between Dairy USR (3/30/1988) & AmUSR (2/14/01).
• Salmon/Red: 23 Parcels, 11%
▪ RE/SE Lots created after AmUSR (2/14/01).
• 11% of parcels have been created in past 3-1/2 years.
Hello