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HomeMy WebLinkAbout20030181 Weld County Planning Department GREELEY OFFICE November 6,2002 41490 WCR#13 NOV 1 2 2002 Fort Collins, Co 80524 RECUVED Mr. Kim Ogle,Planner II Department of Planning Services 1555 N. 17th Ave. Greeley. CO 80631 Re: Change of Zone Application for Pheasant Crest Estates Case No. MZ-614 Dear Mr. Ogle: We own and reside on 12 acres adjacent to the Brough property on which the"Pheasant Crest Estates subdivision" has been proposed. Our property sits just across the Larimer County Canal from the Brough property and the front windows of our home look directly over their property to the Front Range. This view is the signature of our home and property. For several reasons, we oppose the development, at least as we understand it to be currently designed. Obviously, we wish to preserve our view, which was a principal reason for purchasing the property in the first place and the reason we designed and situated our house as we did. Any obstruction of our view will not only denigrate the aesthetic value of our property and home, it will similarly reduce its market value. We bought this property in 1992 as a 62 acre farm with the understanding that Weld County was an agricultural county, and we were then interested in farming our land. We enjoy rural life and all that it entails. We have since retired, and sold 50 of the acres to the Dyecrest Dairy, our neighbor. We did that to preserve its rural character and to keep it in agriculture. We understand that there is a chance the development would be approved in some form. Although that would not be our preference, in case it happens, we would like to suggest reasonable limitations on its character. Several restrictions seem appropriate: —To preserve open space and the rural character, reduce the proposed density to no more than three homes, reasonably spread out across the Brough acreage. —Designate building envelopes for houses and outbuildings to ensure that our view will not be obstructed and that the aesthetic enjoyment of our property will not be otherwise impaired. —Restrict the height of all improvements, at least on lots 1 and 2, to one story, not to exceed 20 feet. EXHIBIT � 2003-0181 1 . � We ask the Department of Planning Services to consider our point of view and personal and property interests. Please keep us informed on this issue, especially about any future opportunities to be heard on this proposal. Sincerely, / / iZtt te-c-C Ken& Sue Kerchen t r Nov-13-O2 1O: 25A Colorado Geo_ Survey 3O3 894 2174 p .O1 411 Weld County Referral ISeptember 27, 2002 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Timothy& Lisa Brough Case Number MZ-614 Please Reply By October 28, 2002 Planner Kim Ogle Project Minor Subdiv,sion Change of Zone from (A)Agricultural to (E)Estate for nine (9) Residential Lots. Legal Lot B of RE 1911, being part of the SW4 Section 6, T7N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 84 and East of and adjacent to WCR 13 Parcel Number 0705 06 300044 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 question' regarding the application, please call thr, Planner associated with the request. Weld County Planning Commiss!cn Hearing (if applicable) November 19, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan '66 We have reviewed the request and find no corhicts with our interests. O See attached letter. Comments: , t I I lerracons ‘011212.001 Geo4ecin e � S-z intcp vti Pi UVpo1A' elowlet he i ev0Viebei 4„ alA kers ) Lil;LI.G✓s of Vu-11-.est lab. (AS Yl.vinusL Y1vicW t 4 a# 91r./kel Pla... (1t 12-112,700, Signature deRel 4yMi Date 111 1111312002 Agency u G0IDrad a Cxolo�' t Sttev :•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CC. 80631 ^(970)353-6100 ext.3540 +(970)304.6498 fax EXHIBIT 1 WA ( MEMORANDUM fa Wge. TO: Planning Commission COLORADO DATE: November 19, 2002 FROM: Kim Ogle, Planner Ill SUBJECT: Amendment to Staff Comments Colorado Geologic Survey referral The Department of Planning Services proposes to add one additional note on the Plat, under the heading 3. W to state: 3. The Change of Zone is conditional upon the following and each shall be placed on the Change of Zone plat as notes, prior to recording: W. The Developer or Home Owners Association representative shall provide each owner and/or builder with a copy of the Geotechnical Engineering Report prepared by Terracon, dated October 12, 2001. (Colorado Geologic Survey) r^ EXHIBIT 12!. & NOV-19-02„..TUE 10 :20 AM BUCKEYE TRAP & SKEET 970 686 5210 P. 02 Terence Dye Registered Holsteins • DYECREST DAIRY, L. L. C. 1137 North County Line Road * a. Fort Collins,CO 80524 4 Phone:970/484-9294 Fax: 970/484-9254 Email:dye@fril.com November 18, 2002 Kim Ogle Weld County Department of Planning Services 1555 North 171k Avenue Greeley, CO 80631 Dear Mr. Ogle, I have met with Mr. Tim Brough regarding Weld County application number MZ-614 for the Pheasant Crest Estates Subdivision. We have agreed upon the following conditions in exchange for Dyecrest Dairy not opposing the proposed subdivision: 1. The County Right-to-Farm policy be recorded on the plat and the deeds for the individual parcels 2. That a notification on the deeds to the potential purchasers that an existing confined animal feeding operation currently exists in the neighborhood and that the ability of the current or any new owner of the dairy to expand shall not be inhibited by the development pending that applicable rules and regulations are met. As agreed, please add the above language to the conditions of approval. Sincerely, ✓� w (A Terence Dye Dyecrest Dairy EXHIBIT *rioter.; MEMORANDUM es. C. TO: Planning Commission COLORADO DATE: November 19, 2002 FROM: Kim Ogle, Planner Ill SUBJECT: Amendment to Staff Comments MZ-619 Pheasant Crest Estates The following items have been changed and or modified from Preliminary Staff Comments. Page 1: Add State of Colorado, Division of Geological Survey, referral received 11-13-2002 Page 3, item 2.C.13 Delete The applicant shall delineate septic envelopes on Lots 5 and 6 due to the emergency access between the lots, and on Lots 4, 8 and 9 due to the utility easement and wetlands (Lots 8 and 9). (Department of Public Health & Environment) Page 5, item 3.H Add Care will be required in locating septic systems on Lots 5 and 6 due to the emergency access between the lots, and on Lots 4, 8 and 9 due to the utility easement and wetlands (Lots 8 and 9). (Department of Public Health & Environment) Page 6, item 3.W Add The Developer or Home Owners Association representative shall provide each owner and/or builder with a copy of the Geotechnical Engineering Report prepared by Terracon, dated October 12, 2001. (Colorado Geologic Survey) Page 7, item 4.H Modify The applicant shall enter into an agreement with Weld County to proportionally share the cost of improvements to Weld County Road proportionately share the cost of improving WCR 13, from WCR 84 to State Highway 14. (Department of Public Works) Page 7, item 5. A Add Prior to Recording the Final Plat: "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on the recorded deeds for the individual parcels. (Department of Planning Services) Page 8, item 5. B Add That a notification on the deeds to the potential purchasers that an existing confined animal feeding operation currently exists in the neighborhood and that the ability of the current or any new owner of the dairy to expand shall not be inhibited by the development pending that applicable rules and regulations are met. (Department of Planning Services) EXHIBIT I Hello