HomeMy WebLinkAbout20032910.tiff RESOLUTION
944 RE: ACTION OF THE BOARD CONCERNING SUBDIVISION EXEMPTION #1002 -
RONALD WARNER
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 20th day of
October, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Ronald Warner, 4227 North 119th Street, Lafayette, Colorado 80026, for
Subdivision Exemption #1002 on the following described real estate, to-wit:
Part of the S1/2 of Section 13, Township 1 North
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,on October 20,2003,the Board deemed it advisable to deny the application of
Ronald Warner for Subdivision Exemption #1002, and
WHEREAS, on October 22, 2003, the Board deemed it advisable to withdraw the denial
Resolution from the Consent Agenda and set the matter for reconsideration on November 5,2003,
at 9:00 a.m., and
WHEREAS, on November 5, 2003, 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 Department of Planning Services and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds that this request shall be
denied for the following reasons:
1. The narrow lot configurations may pose setback problems.
2. The property is located within the Urban Growth Boundary for the City of
Dacono and is inconsistent with their Comprehensive Plan which must be
considered pursuant to the Intergovernmental Agreement.
3. Section 24-8-40.J-The proposal does not provide sound land use planning
practices, and will hinder the urbanization of Section 13.
4. Section 24-1-30.A - The proposal does not assist in the orderly and
integrated development.
5. There are access issues which still need to be resolved with the City of
Dacono.
11111111111 IIII 1111111 11111
3131944 12/03/2003 02:48P Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
2003-2910
SE1002
ha ' /4 /9-7a/o , 64/0_7.3
SE #1002 - RONALD WARNER
PAGE 2
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Ronald Warner for Subdivision Exemption#1002 on the
hereinabove described parcel of land be, and hereby is, denied.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1, EXCUSED
iejnakeD vid E. Long, Chair
Weld County Clerk to J (fin
1861 � "A\
Robe D as en, Pro-Tem
BY: .. •
Deputy Clerk to they G' ` ,
. J. Geile
t�OV AS TO FORM-:-L-77
William H. Jerke
ounty Att ey Glenn as d1
Date of signature: oca
1111111111111111111111 1111 IM 1111111
3131944 12/03/2003 02:48P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2003-2910
SE1002
C DEPARTMENT SERVICES
SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
- -r
PLANNER: S Lockman HEARING DATE: October 20, 2003
CASE NUMBER: SE-1002
APPLICANT: Ronald Warner
ADDRESS: 4227 N. 119' St., Lafayette, CO 80026
REQUEST: Subdivision Exemption for a Lot Line Adjustment
LEGAL DESCRIPTION: Pt. S2 Section 13, T1 N, R68W of the 6TH P.M., Weld County, Colorado
PARCEL NUMBER: 1467 13 300018
PARCEL SIZE: 3.45 +/- acres ZONE DISTRICT: Agricultural
The Department of Planning Services'staff has reviewed this request and recommends that this request be denied
for the following reasons:
It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following
criteria as listed in Section 24-8-40 of the Weld County Code:
A. Section 24-8-40.C-An access is, or can be made, available that provides for safe ingress and egress to a public road.
All accesses shall be in accordance with Chapter 8, Article II of this Code.
1) Section 24-8-40.C.3-Existing or future public rights-of-way and additional access points on County roads shall
be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental
agreements or master plans of affected municipalities.
The City of Dacono,which has jurisdiction over all accesses to County Road 8 and County Road 10 section line,
has not granted an access to the parcel at this time.
B. Section 24-8-40.G - The proposal has taken into consideration master plans of affected municipalities.
The Town of Frederick has indicated concerns regarding access and placement of utilities. The City of Dacono has
indicated that the proposal is in direct conflict with the City's Comprehensive Plan.
C. Section 24-8-40.H- The proposal is compatible with the existing surrounding land uses.
The linear configuration of the parcels along an old railroad right of way could seriously hinder and frustrate
unbanization.
D. Section 24-8-40.J-The proposal is consistent with sound land use planning practices.
The Department of Planning Services is in agreement with the City of Dacono's referral response which states"Mr.
Warner's proposed residential development extends one mile,the full length and through the center of Section 13.This
will definitely hinder and frustrate the urbanization of Section 13. No streets, utility or communication lines will be able
to cross this property. Emergency vehicle access through this Section will be prohibited."
E. Section 24-8-40.K- The proposal is consistent with the Statement of Purpose as expressed in St.ction 24-1-30 of this
2003-2910
Chapter.
A) Section 24-1-30.A -Assisting orderly and integrated development.
B) Section 24-1-30.6-Promoting the health, safety, and general welfare of the residents of the County.
C) Section 24-1-30.C-Ensuring conformance of land subdivision plans with the public improvement plans of the
County and its various municipalities.
D) Section 24-1-30.D-Ensuring coordination with public municipal improvement plans and programs.
E) Section 24-1-30.E-Encouraging well-planned subdivisions by establishing adequate standards for design and
improvement.
F) Section 24-1-30.G- Safeguarding the interests of the public, the homeowner, and the subdivider.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the
Weld County Individual Sewage Disposal System (I.S.D.S.)regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Subdivision Exemption No. 1002
B. A 30 foot wide joint access and utility easement extending across Lots SE-1000, SE-1001 (Lot A and Lot B RE-
3648), SE-1002 and SE-1003 from County Road 8 or County Road 10, for the benefit of all five lots, shall be
shown clearly on the plat.The joint access easement shall be dedicated for the use as shown using the language
set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all
weather access.
C. The City of Dacono has jurisdiction over all accesses to County Road 8 and County Road 10 right-of-way.Please
contact the City of Dacono to verify the access permit or for any additional requirements that may be needed to
obtain or upgrade an access permit to the Subdivision Exemption Lot.
D. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit
issued by the City of Dacono which grants access to County Road 8 or County Road 10,or written evidence that
the applicant has complied with the requirements of the City of Dacono.
E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road access point. If a
drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the
applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to
adequately size the culvert.
F. County Road 8 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code
Ordinance,Section 20-1-30, as a local gravel road,which requires 60 feet of right-of-way at full build out.There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 8 shall be delineated
right-of-way on the plat. This road is maintained by Weld County.
G. The applicant shall attempt to address the requirements(concerns)of the City of Dacono,as stated in the referral
response dated September 9, 2003. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
H. The applicant shall submit written evidence that the property has been accepted into the Northern Water
Conservation District and all District requirements have been met.
The following notes shall be placed on the plat:
1) This Subdivision Exemption is for adjustment of property lines between two contiguous parcels.
2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld County
Code, the required setback is measured from the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and
R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank
battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank
battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10
of the Weld County Code.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) Prior to the release of building permits,the applicant shall submit evidence to the Department of Planning
Services that the lot has an adequate water supply of sufficient quality, quantity and dependability.
5) Prior to the release of building permits,the applicant shall submit a recorded deed describing the Lot upon
which the building permit is requested with the building permit applications. The legal description on such
deed shall include the Subdivision Exemption number.
6) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must
comply with the requirements of Appendix III-A of the Uniform Fire Code.
7) Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II of the Weld County Code.
8) 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)
9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties
in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views, spaciousness,wildlife, lack
of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms,those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices
to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate
off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads;
dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way
of residential development without threatening the efficient delivery of irrigation to fields which is essential
to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more
than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to
be served stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the county and the distances which must be traveled may delay all emergency responses,
including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may
be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban
dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot
operations, high speed traffic, sand burs, puncture vines,territorial farm dogs, and livestock present real
threats to children. Controlling children's activities is important, not only for thdir'safety, but also for the '—
protection of the farmer's livelihood. Parents are responsible for their children.
3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the paper copies 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 24-8-60 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.
4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision
Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView
shapefiles, Arcinfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(aco.weld.co.us.
DEPARTMENT OF PLANNING SERVICES
1 1555 N. 17th AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: stockman @co.weld.co.us
W
� Q • PHONE (970)353-6100,AX97 3540
C -� FAX (970)304-6498
COLORADO
October 6, 2003
Ronald Warner
4227 N. 119th St.
Lafayette, CO 80026
Subject: Subdivision Exemptions (SE-1000, SE-1001, SE-1002 and SE-1003) Recorded Exemption (RE-3648)
Legal Description: Pt of the W2 E2 and part of the E2 W2 Section 13, Ti N, R68W of the 6T" P.M., Weld
County, Colorado
Dear Mr. Warner:
This letter is to inform you that the above referenced Subdivision Exemptions and Recorded Exemption have been
reviewed by the Department of Planning Services and it has been determined that the applications do not meet the
standards of Section 24-8-40 of the Weld County Code. This application is scheduled before the Board of County
Commissioners on October 20, 2003 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center,
located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the
Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in
agreement with the conditions.
If you need any further information, please feel free to contact me at the above address, telephone number or e-mail
address.
Sincerely,
Sheri Lockman
Planner II
6 DEPARTMENT OF PLANNING SERVICES
4; #(\(1\l'ar 1555 N. 17th Avenue
Greeley, CO 80631
Phone(970) 353-6100, Ext. 3540' Fax (970) 304-6498
111 C.
COLORADO
August 21, 2003
Ronald Warner
4227 N. 119th Street
Lafayette CO 80026
Subject: SE-1002-A Subdivision Exemption located on a parcel of land described as part NE4 Section 13,
Ti N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application for the Subdivision Exemption and related materials are being processed at this time. If it
is determined that the application meets the approval criteria of Chapter 24, Article VIII of the Weld County
Code, you will be notified that the subdivision exemption is approved. If the staff determines that the
application does not meet the approval criteria, you will be notified and asked to appear before the Board of
County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The
Board of County Commissioners will then consider your application and make a final decision on the
subdivision exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration 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 Broomfield, Dacono, Erie and Frederick Planning Commission for their review and comments. It is
recommended that you and/or a representative be in attendance at the Broomfield, Dacono, Erie and
Frederick Planning Commission meeting to answer any questions the Commission members may have with
respect to your application. Please call Broomfield at (303) 469-3301, Dacono at (303) 833-2317, Erie at
(303)926-2700 and Frederick at(303)833-2388,for further details regarding the date,time,and place of this
meeting.
If you have any questions concerning this matter, please free to call me.
Respectfully, �
J/6`Ti�i/Aaiz--1
Sheri Lockman
Planner
FIELD CHECK inspection date:
CASE NUMBER: RE-3648, SE-1000, SE-1001, SE-1002, SE-1003
APPLICANT: Ronald Warner
LEGAL DESCRIPTION: Pt. NE4 Section 13, T1N, R68W of the 6T" P.M., Weld County,
Colorado
LOCATION: %2 mile north of Perry Street and 1/2 mile west of County Road 11 along
old railroad right-of-way
Zontna Land lJse
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: Oil and gas facilities are in close proximity. The
topography has been mounded adjacent to County
Road 8 to allow trains to pass. No road exists to
access the parcels from CR 8. An oil and gas road
has been extended along the section line on the
north side a portion of the distance.
A/ L' hgG`fri.6(4
Sheri Lockman , Planner II
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Ronald Warner CASE #: SE-1002
REQUEST: Subdivision Exemption for a lot line adjustment
LEGAL: Pt. S2 Section 13, T1N, R68W of the 6TH P. M. , Weld County, Colorado
LOCATION: North of and adjacent to Perry Street and 1/2 mile west of County Road 11 along
old railroad right-of-way
PARCEL ID #: Part of 1467 13 300019 and 1467 13 000017 ACRES: 12. 97+/-
Date By
Application Received Aug 6, 2003
Application Completed Aug 20, 2003 SL
Referrals listed Aug 20, 2003 SL
Design Review Meeting (PUD)
File assembled
Letter to applicant mailed
Vicinity map prepared
Referrals mailed O2.2
Chaindexed
i -Z t 0'> DNA
Field check by DPS staff
Administrative Review decision:
Date By
County Commissioners Hearing Date or applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action: 017.110 t 1,;-/
CC resolution received / ;r; c
Recorded on maps and filed
/
i
Overlay Districts
Zoning Agricultural 1� � , �� (.
MUD . . � �/"
� •
Yes No_x_ ; -'� ; " ✓
IGA Yes_x_ No
Airport Yes No x_
Geologic Yes No_x_
Flood Hazard Yes x No Panel #080266 0980 C
Road Impact
SUBDIVISION EXEMPTION (SE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
TYPE OF EXEMPTION REQUESTED (check onel
213 Property line adjustment
❑ Used with Recorded Exemption
❑ Financing Purposes
❑ Public Utility Facility
Parcel Number M [4'1ri ^_nrinn_nnn
(12 digit number-found on T x I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description Z , Section 3,Township I North, Range 68 West
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_No K
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_No 7C
FEE OWNER(S) OF THE PROPERTY:
Name: Tl Ona\(K. Warne"-
Work Phone#'1o3-sob-I In 3o Home Phone#30?-10V 't3c(c) Email Address 1� ��k� W Care 0404_, CV)
Address: A{tVi (.(. tk'zit" cS4- .
City/State/Zip Code 1.—c....cast % CO. g662.-to
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: — P
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code
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 showing the
signatory nas to legal authority to sign for the corporation. I (we),the undersigned hereby request the Department of
Planning Services t review this Subdivision Exemption on the above described unincorporated area of Weld
County.
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
-4-
To whom it may concern,
The purpose of this SE is to create a more useable piece of property
while positively impacting the agricultural use of the property.
The benefits of this SE are so the house and outbuildings can be
better located on the property. Also, the SE will make the access road
easier to install along the east side of each property.
Sincerely
r3-�3
Ronald Warner
TETRA TECH RMC
September 9, 2003
Weld County P;3.- ini Pc:.-},1.110,1i
GREET/ 0: HCE
Ms. Sheri Lockman SEP P J 5 2003
Weld County Planning Department
1555 North 17th Avenue n ' ,.k,
Greeley, CO. 80631 s: �""` V L L."
RE: Warner Subdivision Exemption and Recorded Exemption Applications
Dear Sheri: — t
Thank you for the opportunity to review and comment on these applications. We
understand that the four Subdivision Exemption Applications are intended to reconfigure
the parcels so they can be adapted for residential development and, using the Recorded
Exemption process, add an additional lot for development. The City of Dacono has
concerns about these proposals and asks the County Planning Department and the Board
of County Commissioners to deny these applications. The following is a brief review of
pertinent Sections of the Weld County Code, the City of Dacono Comprehensive Plan
and the Intergovernmental Agreement between the City and County. These comments
form the basis for the City's opposition to these applications.
Weld County Subdivision Exemption
According to the Weld County Code Section 24-8-130, the intent of the Subdivision
Exemption Procedure is for the division of a parcel that does not result in the creation of
a new residential or permanent building site. The only reason for the Warner Subdivision
Exemption is to create new residential building sites from parcels that were linear
railroad parcels that do not lend themselves to residential development. The application
includes creating a new residential site through the Recorded Exemption process. This is
intended to circumvent the Subdivision process and avoid dealing with public
infrastructure and any other impacts that may occur from developing the lots. It is clear,
this application does not meet the intent of the Exemption procedure.
City of Dacono Comprehensive Plan
The City of Dacono Comprehensive Plan designates the alignment of the abandoned
railroad right-of-way for a regional trail system extending from Highway 52 to Weld
County Road 8. That designation includes the property subject to the Warner
Subdivision Exemption. The current Comprehensive Plan was adopted by the City in
1998,updated and adopted in 2002, and the City will begin a new update this year. Off
road regional trail systems are even more important to the Dacono Community and
region than in previous planning efforts.
1900 5.Sunset Street,Suite I-F,Longmont,CO 80501
Tel 303772.5282 Fax 303.665.6959
www.ttrmc.com
0 TETRA TECH RMC Page
Ms. Sheri Lockman
September 9, 2003
St.Vrain Valley Open Lands and Trail Plan
The St. Vrain Valley Open Lands and Trail Plan was completed in July, 2000. This
Master Plan began the process of establishing a network of open lands that will be
connected by a complementary trail system. The St.Vrain Open Lands and Trails Project
Master Plan was funded through a planning grant from the State Board of the Great
Outdoors Colorado Trust Fund. The study involved southwestern Weld County and
eastern Boulder County and the communities of Erie, Longmont, Dacono, Frederick and
Firestone. All of these entities cooperated and supported this planning effort. This area
is and will continue to be under enormous growth pressures. The proposed pen space _
and trail system will be a needed and very important part of the fabric of this high density
area. -
A portion of the abandoned railroad right-of-way involved in the Warner Exemption
application is designated for Regional Trail use in this Master Plan.
Weld County Code Chapter 22 Comprehensive Plan
Section 22-3-10 Public facilities and services.
E. Municipalities have the ability to coordinate the provision of adequate urban
facilities and services under powers granted by State statutes and the
Constitution. The adopted urban growth boundary areas are the most
logical areas for urban development to occur. Municipalities are designed to
accommodate concentrations of development and are in a position to plan the
expansion of existing facilities and services, as well as to coordinate the
development of new facilities and services.
The results of the Warner Subdivision Exemption will be in conflict with this section.
The result will be a very low rural density surrounded by an urban growth area of
medium density. Urban services and facilities require higher densities to amortize the
costs of installation and operations.
Section 22-3-80 Pedestrian and bicycle paths.
This section states in part, "off road paths or trails should be encouraged".
(Check Weld County Recreational Facilities Map to see if this railroad right-of-way is
identified as a bikeway approved by the County)
lit n TETRA TECH RMC Page 3
Ms. Sheri Lockman
September 9, 2003
Section 22-3-130.Rail transportation.
F. Weld County encourages the preservation of rail corridors for future
transportation uses.
Section 22-2-100 Urban growth.
C.3. When a municipality and the County enter into an urban growth boundary
agreement, the County agrees to consider the municipality's vision for future
development in the area.
The abandoned railroad right-of-way subject to Mr. Warner's Exemption application is in
the City of Dacono Growth Boundary and subject to the growth boundary agreement -
between the City and County. The property owners bordering both sides of this
abandoned railroad right-of-way petitioned to amend the Dacono Comprehensive Plan to
allow medium density residential land use in this area. A neighborhood meeting was
held and the neighbors supported this request. The request for medium density
residential land use was referred to all public utilities and governmental agencies
including Weld County. The referral agencies responses were no conflicts with the land
use request. The Planning and Zoning Commission and City Council held public
hearings on this land use request and there was no opposition. Finding that the request
met the goals and policies of the City and met all necessary criteria,the Planning and
Zoning Commission and City Council approved the medium density land use. The
property owners presented their plans for developing the property during their land use
amendment process. The plans were well received by neighbors, referral agencies and
the City.
The City of Dacono believes that Mr. Warner's intent to use the railroad right-of-way for
large lot very low density development is in conflict with the City's vision for future
development in this area.
Section 22-2-110 Urban growth boundaries goals and policies.
C. UGB.Goal 3 The County and municipalities should coordinate land use planning
in urban growth boundary areas, including development policies
and standards,zoning,street and highway construction, open space,
public infrastructure and other matters affecting efficient
development.
1.UGB.Policv 3.1. The County may consider approving a land use development
within an urban growth boundary area, if all of the following are
met:
This review shows that these applications do not meet any of the three required criteria.
0 TETRA TECH RMC Page 4
Ms. Sheri Lockman
September 9, 2003
a.UGB.Policv 3.1.1. The adjacent municipality does not consent to annex the land
or property in a timely manner or annexation is not legally possible.
The property is currently eligible for annexation. The Little Dry Creek Subdivision, on
the north side of Weld County Road 8, borders the east and west sides of the Warner
property. Little Dry Creek Subdivision is in the City of Dacono. The planned Dacono
Estates development is in the City of Dacono annexation review process and should be
completed and in the City within 60 days. Dacono Estates is on the north side of Little _ _
Dry Creek Subdivision. When the Dacono Estates Annexation is complete over 50%of
the perimeter of the Warner property will be adjacent to the Dacono City Limits. Eagle -
Meadows Subdivision is in the City of Dacono final plat approval process. Eagle
Meadows is in the northwest quarter of Section 13. All of Section 13 is in the City's
planned growth area and water and sewer utilities infrastructure are in the process of
being extended to this area.
b. UGB.Policy 3.1.2. The proposed use, including public facility and service
impacts,is compatible with this Chapter and with urban type uses.
The proposed use is not compatible with this Chapter. This proposal will eliminate the
possibility of preserving this rail corridor for future transportation uses (Section22-3-
130).
The results of this proposal will fail to consider the City of Dacono's vision for future
development in this area (Section 22-2-100). The City has planned for medium density
residential in this general area and for a regional trail extension on this property.
c. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent
municipalities Comprehensive Plan.
The Dacono Comprehensive Plan designates the abandoned railroad right-of-way for a
Regional Trail Extension. Mr. Warner's plans do not propose or even mention the
regional trail designated on the property.
Weld County/City of Dacono Intergovernmental Agreement
Section 19-2-60, C.7 To the extent legally possible pursuant to the Plan and the
COUNTY'S land use regulations as described in section 19-2-50B
above, the COUNTY will deny proposals for Non-Urban
Development in the Urban Growth Area. Nothing in this
paragraph shall restrict the COUNTY from approving, by means
of a process such as a recorded exemption or subdivision
0 TETRA TECH RMC Page 5
Ms. Sheri Lockman
September 9,2003
exemption,the isolated partition or division of an ownership
parcel containing at least(1) residence served by an individual
sewage disposal system at the time of adoption of this Agreement
regardless of the size of the resulting parcels. Nevertheless,the
COUNTY will not permit any such partition or division if the
same would frustrate or hinder genuine Urban Development, as
defined in Section 19-2-40 of this Agreement, in the Urban
Growth Area.
The Warner applications are not the isolated partition or division of ownership and this
property does not contain an existing residence. Mr. Warner's applications;are for _
properties in the center of a planned and developing urban area in a defined Urban
Growth Area. Mr. Warner's proposed residential development extends one mile, the full
length and through the center of Section 13. This will definitely hinder and frustrate the
urbanization of Section 13. No streets,utility or communication lines will be able to
cross this property. Emergency vehicle access through this Section will be prohibited.
Mr. Warner's proposal is an excellent example of the reason for and need for the
Intergovernmental Agreement between the County and the City. The above listed
excerpt from the County/City Agreement makes it clear that what Mr. Warner is
proposing can and should be denied by Weld County.
Recommendation
The intent of these Subdivision Exemption applications is to consolidate the parcels in a
manner that will allow residential development and the Recorded Exemption application
adds an additional lot. These applications are in direct conflict with the Weld County
Comprehensive Plan, the City of Dacono Comprehensive Plan and the spirit and intent of
the Weld County/City of Dacono Intergovernmental Agreement. The City of Dacono
requests the County Staff and Board of County Commissioners deny these applications.
Thanks again for this opportunity to review and comment on these applications.
Sincerely,
TETRA TECH RMC, INC.
Kenneth C. Dell, AICP
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ECH RMC
,980 S. SUNSET 5T.• RUE ,-F• LONOMONT• CO 80501
TEL 303.772 5282 METRO 303 665 6283 FAY 303 665 6959
REFERRAL LIST
NAME: Ronald Warner CASE NUMBER:SE-1002
REFERRALS SENT: August 21, 2003 REFERRALS TO BE RECEIVED BY: September 18,2003
COUNTY TOWNS and CITIES
_Attorney Ault
_X Health Department _Brighton
Extension Service _X Broomfield
Emergency Management Office _X_Dacono
Sheriffs Office Eaton
_X Public Works _X Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement _X Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey 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
_X_West of 1-25 (Loveland) Lochbuie
East of 1-25(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
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
_X Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
_ 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 RE Greeley
_X Bull Canal Ditch Company _Longmont
West Adams
Platte Valley
COMMISSION/BOARD MEMBER
RECEIVED
rst-14....>:,
AUG 222003
7d OM County Referral
wilgC. August 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ronald Warner Case Number SE-1002 .
Please Reply By September 18, 2003 Planner Sheri Lockman
Project Subdivision Exemption
Legal Part NE4 Section 13, T1N, R68W of the 6th P.M., Weld County, Colorado.
Location 1/2 le north.pf Perry Stre d '/%mile west of CR 11 along old railroad right-of-
Parcel Number ''(1467 13 300 t & 1467 13 0000S IA ) 0 ,O[�l
e
4
The application is sub r ' ted to yo or view and rec mendation. Any comments or recommendation you
consider relevant to this r' wouldpre ' ed. 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.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
la We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature J �� Date Q77-03
Agency WC/>O,U 6 --
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO 30631 +i9-l)353-6100 ext.3540 +(970)304-6498 fax
08/26/2003 13: 58 3039262706 TOWN OF ERIE PAGE 04
Weld County Referral
wagC. August 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ronald Warner Case Number SE-1002
Please Reply By September 18, 2003 Planner Sheri Lockman
Project Subdivision Exemption
Legal Part NE4.Section 13,T1 N, R68W of the 6th P.M., Weld County, Colorado.
Location ''A mile north of Perry Street and '''A mile west of CR 11 along old railroad right-of-
way.
Parcel Number 1467 13 3000yd& 1467 13 00001
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.
❑ 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.
❑ See attached letter.
Comments:
Signature Date 02/2445
Agency
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 ='(970)304-6498 fax
RECEIVED
a
AUG 2 5 2003
r UgL1C
cou N✓ ,iEpT
�.
Weld County Referral
C. August 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ronald Warner Case Number SE-1002
Please Reply By September 18, 2003 Planner Sheri Lockman
Project Subdivision Exemption
Legal Part NE4 Section 13, Ti N, R68W of the 6th P.M., Weld County, Colorado.
Location /A mile north of Perry Street and ''/2 mile west of CR 11 along old railroad right-of-
way. t� ��►
Parcel Number 1467 13 30004 & 1467 13 000020'
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.
❑ 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.
Ale See attached letter.
Comments:
Signature � dd'"" ' Date I - r 9 — 0 3—
Agency )46442-
•:•t/Veld Courtv Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
pia ‘ MEMORANDUM
' TO: Sheri Lockman, Planner II DATE: 9/22/2003
CFROM: Donald Carroll, Engineering Administrator ✓
• SUBJECT: SE-1002, Ronald Warner
COLORADO
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
WCR 8 is designed on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance,
Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is NOT maintained by Weld County. Pursuant to the definition of
SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured
from the future right-of-way line.
WCR 11 is designed on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance,
Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is NOT maintained by Weld County. Pursuant to the definition of
SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured
from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether is
dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered
private lanes with no county maintenance.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
The Town of Dacono has jurisdiction over all accesses of its roadway system. Please contact The Town of
Dacono to verify the access permit or for any additional requirements that may be needed to obtain or upgrade
the permit.
Both Lots A and B shall share a joint access point.
pc: SE-1002 M:\PLANNING\SE-6
12:5',' US BUREAU OF REC. 9706633212 P.0120
p-.0TMENT OF THE'NT
gUREAIJ OF RECLAWINnta.%
Bureau of Reclamation .
Eastern Colorado Area Office
11056 West County Road 18 E
Loveland, CO 80537-9711
Phone: 970-962-4410 Fax 970-663-3212
To From
Names GAY Name
Phone 97o 30 g `ifle Phone 774 fez y,r/
Fax Page 1 of .O
Comments: ❑ Informational
❑ Confidential
❑ For Your Action
❑ Urgent
El Sign and Return
❑ Reply
NOTICE OP CONFIDENTIALITY: This transmission is intended only for the addressee(s) listed above. It may contain information that is
nvilcged or otherwise protected from disclosure. Any review, dissemination,or use of this transmission or its contents by persons other than above
listed addressee(s) is strictly prohibited. If you have received this trana.nissior.in error,please notify us immediately by telephone and return the
O original document by mail. Thank you.
SEP-22-2003 12 57 US BUREAU OF REC. 9706633212 P.02/20 •
rcooert button-Lanson annexation ana Uacona t5tates Parcels Page 1
From: Robert Burton
To; Epperly, Doug
Date: 10/29/01 2:41 PM
Subject: Carlson annexation and Dacona Estates Parcels
•
I talked with Jim Green,who indicated that the preference is to incorporate as much as possible of the rail
line into the development,for example as a hiking trail. possibly with a portion of the rails retained with a
display sign. -
If preservation is not possible, he indicated that a HABS level II documentation would serve to mitigate the
site,which is what I believe Anne McKibbin of Metcalf Archaeological Consultants is suggesting. He
indicated we should go ahead with the documentation.
Robert J. Burton
Archaeologist, Eastern Colorado Area Office
11056 W. Cty Rd. 18E
Loveland, CO 80537
rburton@gp.usbr.gov
970.962.4361
fax 663.3212
btr- L-dulai ia'5'r US BURERU OF REC. 9706633212 P.03/20 •
qii
COLORADO
HISTORICAL
SOCIETY
OFPiC"s:il. FILE COPY—
The Colorado History Museum 1300 Broadway Denver,C olorado 80203-2137��
�r
01
April 10, 2001 lldR 1 S `d .. -.—
Brian Person
Area Manager n,` ' 1c--. U
Bureau of Reclamation r- `( �� ~` --- L�
11056 West County RD 18E � gzr" —
Loveland, CO 80537-9711
to
Re: Carlson Annexation& Dacona Estates Parcels Copy -- - -
Dear Mr. Person:
Our office has reviewed your correspondence of April 4, 2001 and the cultural resource
report prepared for the project listed above.
We concur that 5WL3981, an abandoned house, is not eligible to the National Register.
This site has lost its integrity and is not associated with persons or events important in
history.
5WL1317 was determined eligible to the National Register on June 7, 1988. We find that
this segment, 5WL1317.9, retains enough of its integrity and contributes to the eligibility
of the railroad line. The inclusion of this land into the Northern Colorado Water
Conservancy District will not affect historic properties. However, we request that if the
area is developed, no changes should be made to the railroad grade.
If we may be of further assistance please contact Jim Green at 303-866-4674.
Sincerely,</" ��
eorgianna ContigugliaAC
State Historic Preservation Officer (3d) 665— ,7
GC/WJG
et
str �z-eve3 12:5Fi US BUREAU OF REC. 9706633212 P.04/20 •
Carlson Annexation and Dacono Estates Project:
An Intensive (Class III) Cultural Resource Inventory
Weld County, Colorado
by
John M. Scott
Staff Archaeologist
Metcalf Archaeological Consultants, Inc.
PO Box 899
Eagle, CO 81631
Prepared for
Bob Swenson, Managing Partner
PO Box 270179
Louisville, CO 80027
Principal Investigator
Michael D. Metcalf
Lead Agency
Bureau of Reclamation
Eastern Colorado Area Office
11056 West County Rd 18E
Loveland, Colorado 80537-9711
March 2001
SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.05/20
parallel transects spaced approximately 30 meters apart. The entire area of both parcels was
inspected using this tactic. Special attention was given to areas of surface disturbance(i.e.,
rodent activities, previous construction areas, erosional areas). These areas were thoroughly
inspected for signs of cultural material.
If cultural materials were discovered they were classified as sites or isolated finds,
documented on appropriate Colorado Cultural Resource Survey forms, and their locations plotted
on 7.5' USGS topographic maps. An isolated find (1F)consists of five or fewer surface artifacts
with no associated cultural features and minimal potential deposition. A site consists of five or
more artifacts within 50 meters of one another, or at least one cultural or structural feature. For
sites, the full extent of the resource would be established, a sketch map would be drawn, and
photographs would be taken of the site area.
Results and Evaluations
One new historic site, one previously record historic site (a railroad grade), and four
isolated finds were encounter during this project. Historic site 5WL3981 and isolated finds
5WL3982 and 5WL3983 were located on the Carlson Annexation parcel. Previously recorded
site 5WL1317.9 and isolate finds 5WL3984 and 5WL3985 were recorded on the Dacono Estates
parcel.
5WL1317.9 (Temp #RR-1): This historic site is a 1300 ft. long portion of the previously
recorded Dent Branch of the Union Pacific Railroad, It is located near the center of the Dacono
Estates parcel, The history of the Union Pacific is well documented elsewhere and will not be
repeated here. Construction of the Dent Branch was begun in 1907 and not completed until
1910. The Dent Branch of the Union Pacific Railroad ran from Sand Creek Junction (near
Denver) to La Salle, Colorado where it joined the main line running from Denver to Cheyenne.
The Dent Branch was split at the Dent Siding in 1911, with one leg running seven miles to the
east to La Salle to join the main line, and the other running 25 miles west to Fort Collins
(Wilkins 1974:185). The Dent Branch was in use until 1988 when it was abandoned by Union
Pacific (Letter from Barbara Sudler, State Historic Preservation Officer, to Joseph Anthofer,
Attorney General for the Union Pacific Railroad Company dated June 7, 1988).
Within the project area the railroad grade is approximately 30 to 40 ft. wide and elevated
from 6-20 ft. above the surrounding terrain. The grade appears in good condition and has not
been breached. Rail ties and rails are present and intact for 1200 tt. of the 1300 ft of the railroad
grade that is located within the project area, 'I'he rails and ties have been removed on the
northern most 100 ft. at the northern end of the grade that is within the project parcel and also
beyond the parcel's northern boundary. Artifacts associated with the railroad and found along
the tracks included loose railroad spikes and wooden ties, miscellaneous scrap metal, wood
fragments, and modern sanitary tin cans. Approximately one half mile south of the parcel's
southern boundary the railroad appears to remain in use. This was determined by the presence of
4
G
er-de-me.s 1G:N3 US BUREAU OF REC. 9706633212 P.06/20 •
several railroad cars south of the project boundaries and the observation of the arrival of a
railroad engine while the inventory was being conducted. In the project area, the only evidence
of modifications to the railroad bed appeared to be the addition of crushed rock covering the
earthen grade.
The Dent Branch of the Union Pacific Railroad has been officially determined eligible to
the National Register because of its association with agriculture and mining in the area (Letter
from Barbara Sudler, State Historic Preservation Officer, to Joseph Anthofer, Attorney General
for the Union Pacific Railroad Company dated June 7, 1988). However, the segment of that
railroad within the current project area is judged to be a non-contributing portion of the site
because it lacks essential aspects of integrity that would allow it to convey the site's historic
significance. Though in its original location, the rail bed shows evidence of recent improvements
and modifications in the form of the building up of the bed with newly deposited crushed rock
and the removal of some of the track. Modern developments in the form of a recently
constructed home immediately west of the grade, several oil wells, a motocross and go-cart race
track located several hundred yards to the southeast, and several wire fences and utility poles
criss-crossing the area have negatively impacted the integrity of setting, feeling, and association
of the site to such an extent that it cannot convey the site's historical significance. This portion
of the Dent Branch of the Union Pacific Railroad has been adequately recorded, and no further
work is recommended.
5WL3981 (Temp # BSCA-I): This is a historic site located at the southeast corner of the
Carlson Annexation parcel, It consists of a house(feature 1) and a possible septic tank (feature
2). The house is single storied, L-shaped with three rooms, and side gabled. It is wood framed
with a poured concrete foundation. The exterior siding is horizontal planking. The roof consist
of wood shingles over tar paper on planking and wood frame. The interior walls are plastered
and exhibited integral electrical outlets. There is no basement. Only a crawl space with earthen
floor was present. An exterior chimney was observed near the center of the roof, and it consists
of fired brick and concrete. No fireplace is present, and the chimney is for a stove or heater. The
septic tank consists of a poured concrete square opening on the ground surface with its interior
almost completely silted in. Immediately next to the concrete opening on the surface was a metal
bucket filled with concrete with a short, vertical segment of ceramic sewer-type pipe at its center.
The pipe extended out of the bottom of the bucket and into the septic tank. Very few artifacts
other than modern trash were found in association with the house. The architecture and materials
used in the building's construction suggest that it was built prior to 19.50, but probably after
WWII.
The original setting was rural and agricultural, but presently the rural setting has been
heavily disturbed by the upgrading of a section line road that crosses east-west to the south of the
site and small industries that have been established on the south side of that road. An oil well
access road is also present to the immediate west, and several gas pipelines are to the immediate
east. Large electrical transmission lines and poles are also nearby.
5
e�
SEP-22-2003 12:58 US BUREAU OF REC. 970FF13212 P.07/20 •
•
alluvium of unknown depth. The location had excellent ground surface visibility and very little
vegetation. A nearby cutbank and the backdirt from extensive rodent burrowing in the area
exhibited no evidence of buried cultural deposits.
By definition isolated finds are non significant and not eligible for listing on the National
Register. This cultural resource has been adequately recorded, and no further work is
recommended.
5WL3985 (Temp # IF4): This is a single yellow chart core fragment. The artifact was
found in the southeastern half of the Dacono Estates parcel about a hundred meters (300 fl ) north
of Little Dry Creek. The soil is a yellowish brown loam, probably an alluvium of unknown
depth. The location had been recently plowed and ground surface visibility was excellent. No
other artifacts or evidence of buried cultural deposits were observed at this location.
By definition isolated finds are non significant and not eligible for listing on the National
Register. This cultural resource has been adequately recorded, and no further work is
recommended.
Recommendations
The results of this project were as expected and reproduced results similar to those of
other projects conducted nearby. inventory of 100% of the project area was accomplished and
resulted in the discovery of four IFs and two historical sites. None of the cultural resources
encountered are recommended eligible for listing on the National Register. Cultural resource
clearance for the Carson Annexation and the Dacono Estates parcels, as described in this report,
is recommended.
References Cited
Barclay, Dulaney and Michael D. Metcalf
1998 Colorado Interstate Gas Company's Front Range Pipeline Intensive Inventory
For Cultural Resources, Weld County, Colorado. On file, Office of Archaeology
and Historic Preservation, Denver.
Black, Kevin D.
1991 Archaic Period Architectural Sites in Colorado. National Register of Historic
Places Multiple Property Documentation Form. Colorado Historical Society,
Denver.
7
SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.08/20 •
COLORADO CULTURAL RESOURCE SURVEY OAHP1400
Management Data Form Rev.9/98
(page 1 of 4 )
The Management Data Form should be completed for each cultural resource recorded during an archaeological
survey. Exceptions to this are isolated finds and re-evaluations, neither Of which require a Management Data
Form. Please attach the appropriate component forms and use continuation pages if necessary. -
1. Resource Number: 5WL1317.9 2. Temporary Resource Number: RR-1
3. Attachments (check as many as apply) 4. Official determination (OAHP use only)
_ Prehistoric Archaeological Component Determined Eligible
Historic Archaeological Component Determined Not Eligible
Historic Architectural Component Form Nominated
Sketch/Instrument Map (required) Need Data
X U.S.G.S. Map Photocopy (required) Contributing to NR Dist.
X Photograph(s) Not Contributing to NR Dist.
X Other, specify: Linear Form
I. IDENTIFICATION
5. Resource Name:
6. Project Name/Number: Carlson Annexation and Dacono Estates Project: An Intensive (Class III) Cultural
Resource Inventory Weld County, Colorado
7. Government Involvement: Local_ State _ Federal X
Agency: Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Rd 18E Loveland,
Colorado 80537-9711
8. Site Categories: Check as many as apply
Prehistoric: archaeological site _ paleontological site _
in existing National Register District? yes _ no _ name
Historic: archaeology site _ building(s) _ structure(s) X object(s) _
in existing National Register District? yes _ no X name
9. 0wner(s)'s Name and Address: private
10. Boundary Description and Justification: Extent of railroad thru project area.
11. Site/Property Dimensions: 411 m x 61 m Area: 25071 m2 (=4047) 6 acres
Area was calculated as: L x W X (rectangle/square) or Lx W x .785 _ (ellipse)
1l. LOCATION
12. Legal Location
PM 6th Township 1N Range 66W Section 13 '4,''I.,V.,V. NE/NE/NE/SW north end
PM 6th Township 1N Range 66W Section 13 %,'/.,%, /. SW/SE/NE/SW south end
if section is irregular, explain alignment method:
13. USGS Quad: Frederick 7.5' X 15' _ Datels): 1950 (Rev 1994) (attach photocopy)
14. County: Weld 15. Other Maps: _„_
SEP-22-2003 12:59 US BURERU OF REC. 9706633212 P.09/20 •
•
Resource Number: 5W11317.9
Temporary Resource Number: RR-1
Management Data Form
(page 2 of 4
16. UTM Reference:
A. 13 ; 504086 mE 4433255 mN (north end)
B. 13 ; 504042 mE 4432855 mN (south end)
17. Address: _ Lot_ Block Addition _
18. Location/Access: Exit I-25 at the Erie exit. Drive roughly 1.5 miles east and you will cross this railroad.
II. NATURAL ENVIRONMENT
19. Topographic Feature(s)
mountain _ ledge _ playa
hill _ terrace/bench _ talus slope
_ tableland/mesa _ canyon _ alluvial fan
_ ridge _ valley X plain
_ saddle/pass _ basin _ dune
alcove/rockshelter floodplain _
_ cliff _ cutbank _
slope _ arroyo/gully _
20. Site Topographic Description (mention named landforms): Site lies on a relatively flat plain surrounding
northeast trending Little Dry Creek.
21 . Site Elevation: 5090-5110 feet �(x .3048) 1551-1557 meters
22. Aspect: NE/SW
23. Degree of Slope on Site: 0 24. Soil Depth: unknown cm
25. Soil Description (character and color): Brown loam with some cobbles.
26. Depositional Environment:
Aeolian _ Colluvial _ Residual
X Alluvial _ Moraine None
Other, specify;
27. Nearest Water: name/nature: Little Dry Creek/permanent
distance: 274 in 900 ft.
28. Nearest Permanent Water: name: same as above
distance: _ m ft.
29. Vegetation on Site (list predominant species): grasses
30. Vegetation Associations/Communities Surrounding Site: grasses and agricultural crops
IV. NATIONAL/STATE REGISTER ELIGIBILITY ASSESSMENT
31. Context or Theme: Colorado Plains Historic
®.
SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.10/20 •
Resource Number: 5WL1317.9
Temporary Resource Number: RR-1
Management Data Form
(page 3 of 4 )
32. Applicable National Register Criteria:
X Does not meet any of the below National Register criteria
A. Associated with events that have made a significant contribution to the broad pattern of our
history; or
B. Associated with the lives of persons significant in our past; or
C. Embodies the distinctive characteristics of a type, period, or method of construction, or that
represent the work of a master, or that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction; or
D. Has yielded, or may be likely to yield, information important in history or prehistory; or
_ Qualifies under exceptions A through G.
Level of Significance: National_ State _ Local _
33. Condition
a, Architectural/Structural • b. Archaeological/Paleontological
Excellent _ Undisturbed
X Good _ Light disturbance
Fair Moderate disturbance
Deteriorated _ Heavy disturbance
_ Ruins _ Total disturbance
34. Describe condition: Railroad is in good condition. It is not breached or eroded in the project area. It is
not in use, indicated by a berm across the tracks at the road to the south.
35. Vandalism: yes_ no X describe:
36. National Register Eligibility Field Assessment:
Eligible _ Not Eligible X Need Data _
Statement of Significance/N,R.H.P. Justification: The entire site has been determined to be eligible to
National Register by OAHP because it played a significant role in the socioeconomic development of
northeastern Colorado. The current segment is considered a non-contributing element to the site's overall
eligibility because it lacks aspects of integrity including materials, setting, sense of feeling, and
association. The current segment does not convey the site's historic significance.
37. Status in an Existing National Register District:
Contributing _ Non-Contributing _
38. National Register District Potential yes_ no X discuss:
V. MANAGEMENT AND ADMINISTRATIVE DATA
39. Threats to Resource: Water erosion X Wind erosion _ Grazing _ Neglect X
Vandalism _ Recreation _ Construction _ Other (specify):
comments:
SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.11/20
•
Resource Number: 5WL1317,9
Temporary Resource Number: RR-1
Management Data Form
(page 4 of 4 )
40. Existing Protection: None_ Marked _ Fenced X Patrolled _ Access controlled _
other (specify):
41 . Local landmark designation:
42. Easement:
43. Management Recommendations: No further work.
VI. DOCUMENTATION
44. Previous Actions Accomplished at the site:
a. Excavations: Test_ Partial _ Complete_ Date(s):
b. Stabilization: Date(s):
c. HABS/HAER Documentation: Date(s) & Numbers:
d. Other:
45. Known collections/reports/interviews and other references (list):
46. Primary Location of Additional Data:
47. State or Federal Permit Number: _ Collection Authorized: yes — no _
Artifact Collection: Yes _ No X Artifact Repository:
Collection Method: Diagnostics _ Grab Sample _ Random Sample _ Transect_
Other (specify):
48. Photograph Numbers: Roll 33-01, exo. 12-25
Negatives filed at: Metcalf Archaeological Consultants, Inc., Eagle, Colorado
49. Report Title: Carlson Annexation and Dacono Estates Project: An Intensive (Class III) Cultural Resource
Inventory Weld County, Colorado
50. Recorder(s): K. Pool and J. Scott
Date(s): 03/14/01
51 . Recorder Affiliation: Metcalf Archaeological Consultants Inc.
Phone Number: 970 328-6244; 970 328-5623 (fax)
NOTE: Please attach a sketch map, a photocopy of the USGS quadrangle map indicating resource location,
and photographs.
Colorado Historical Society - Office of Archaeology & Historic Preservation,
1300 Broadway, Denver, CO 80203
1-303-866-3395
SEP-22--2003 12:59 US BUREAU OF REC. 9706633212 P.12/20 •
COLORADO CULTURAL RESOURCE SURVEY QAHP141s
Linear Component Form Rev. 9/98
(page 1 of 2 )
This form should be completed for each linear resource or linear segment. Use this form in conjunction with
the Management Data Form. Call OAHP staff (303.866-5216) prior to assigning a resource number.
I. RESOURCE IDENTIFICATION
1. Resource Number: (include point number, if applicable): 5WL1317.9 -
2. Temporary Resource Number: RR-1
3. Resource Name: Union Pacific Railroad. Dent Branch
4. Record of: Entire resource _ Segment X
II. RESOURCE DESCRIPTION
5. Resource Type: Road _ Railroad X Ditch/Canal _ Trail _
Other (specify):
6. Resource Description: Railroad tracks, ties and bed. The bed is raised in most_places; height varies
considerably. Near the north end of the Droiect, a cut begins and track and ties are removed.
7. Original use: Railroad
Current use: Abandoned.
8. Modifications (describe): Tracks and ties have been removed near the north end of the segment. They
do not extend north oast zone 13; 504106 mE and 4433198 mN. Crushed rock as been added to the
grade.
9. Extent of Resource: Unknown - this segment measures 1300' in length.
10. Associated Artifacts: Various ties, misc. metal objects, spikes, and modern sanitary cans.
11. Associated Features or Resources: none known
III. RESEARCH INFORMATION
12. Architect/Engineer:
Source of information/justification:
13. Builder: Union Pacific Railroad
Source of Information: Railroads of Northern Colorado by Kenneth Jessen (1982); Colorado Railroads-
Chrono%9ica/Development by Tivis Wilkins (1974).
14. Date of Construction/Date Range: 1908-1910
Source of Information: Railroads of Northern Colorado by Kenneth Jessen (1982); Colorado Railroads-
Chronologica/Development by Tivis Wilkins (1974).
15. Historical/Archival Data:
16. Prehistoric Cultural Affiliation: None
IV. MANAGEMENT RECOMMENDATIONS
17. Eligibility of entire resource: Eligible X Not eligible _ Need data_
Is this an official (OAHP) determination? Yes X No _ Date 1988 (source-latter from Barbra Smiler, State
Historic Preservation Off icor to Joseph D. Anthofer,attorney for Union Pacific Railroad,dated June 7, 1988).
Is this a field determination? Yes_ No_
G
SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.13'20 •
Resource Number: 5WL.1317.9
Temporary Resource Number: RR-1
Linear Component Form
(page 2 of 2 )
Remarks/justification: Note: the railroad is well preserved except where the rails and ties have been
removed. The grade has not breached.
18. Eligibility of the segment being recorded: Contributing _ Non-contributing X Not applicable_-
Remarks/justification: The segment of this railroad within the current project area is judged to be a non-
contributing portion of the site because it lacks essential aspects of integrity that would allow it to convey
the site's historic significance. Though in its original location, the rail bed shows evidence of recent
improvements and modifications in the form of the building up of the bed with newly_deposited crushed
rock and the removal of some of the track. Modern developments in the form of a recently constructed
home immediately west of the grade, several oil wells in the immediate vicinityr a motocross and go-cart
race track located several hundred yards to the southeast and several wire fences and utility poles criss-
crossing the area have negatively impacted the integrity of setting, feeling,and association of the site to
such an extent that it cannot convey the site's historical significance. This portion of the Dent Branch
of the Union Pacific Railroad has been adequately recorded, and no further work is recommended.
19. Recorder(s): K. Pool and J. M. Scott
20. Date(s): 03/14/01
Colorado Historical Society
Office of Archaeology and Historic Preservation
1300 Broadway, Denver, CO 80203
303-866-3395
•
5tH-22-2UUS 12:59 US BUREAU OF REC. 9706633212 P.14/20 •
5•YNL 1317.9
Site Photos
e�wL • ,
�yJJ le1iar . w b r;. lirk i ^y.`.
r YI•,
Overview of railroad grade looking south.
(Note this portion has had the tracks removed).
Roll 33-01, exp. 12
c,
s N5
Overview of railroad grade from south end of the recorded segment looking north.
(Notice intact tracks and ties;.
Roll 33-01, exp. 16
SEP-22-2003 12 59 US BUREAU OF REC. 9706633212 P.15/20 •
5WL1317.9
Site Location Map
c- [tJ1 r it %l ° J "7•
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5a��'1 'L {r ;. 1 . . I
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� i Ill,/ i / ��//
r
' : ;J 1°�\. —' ° I Recorded Segement if UP RR,Dent Branch 5WL1317.9 � -
1 1 1_ r / ; °ir f/_.
•,
/ ::--' RN( 5O96 '' e'r# I t--:-...`:-- 1 t can / '‘It,"" ,-)1 C C *1-''''i[
', ) its I ` r'• �! ( s
12/ .gyp' -- ` rr 1 i 1 Lc
•
3 �'. r ^) s\ . }_��c �roa __ Frederick Quad \
�; ''•.\ \ , ? 1 T1N R66WI ( 1�'
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• / • /
\ r i. %'`.ysf3\o e%s �_/... / /1'•✓ R"•`�•
t y
S
SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.16/20 •
Treatment Plan for 5WL1317.9, a Contributing Portion
of the Dent Branch of the Union Pacific Railroad,
Weld County, Colorado
by
Anne MoKibbin
Principal Investigator
prepared by
Metcalf Archaeological Consultants, Inc.
prepared for
Bob Swenson
Louisville, Colorado •
June 2001
0
SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.17/20 •
•
introduction —
During cultural resources investigations for the Carlson Annexation and Dacona Estates
Parcels, the Dent Branch of the Union Pacific Railroad (5WL1317.9) was recorded in the Carlson
Annexation Parcel(Scott 2001). Metcalf Archaeological Consultants,Inc evaluated the segment as
non-contributing to the railroad's overall National Register Eligibility. The Colorado State Historic
Preservation Office did not concur with MAC's evaluation. The Colorado SHPO feels this segment
should he considered a contributing element of the Dent Branch, a railroad that is eligible for the
National Register of Historic Places. In a letter to the Bureau of Reclamation dated April 10,2001,
the State Historic Preservation Officer of Colorado (Georgianna Contiguglia) requests that the
railroad grade be left intact. Development of the Carlson Annexation will impact 5WL1317.9, a
segment of the Dent Branch of the Union Pacific Railroad(UPRR), and thus, a treatment plan is
proposed.
Site Summary
•
The Dent Branch was built between 1907 and 1910. The Dent Branch of the Union Pacific
Railroad ran from Sand Creek Junction(near Denver)to La Salle,Colorado where it joined the main
line running from Denver to Cheyenne_ The Dent Branch was split at the Dent Siding in 1911,with
one leg running seven miles to the east to La Salle to join the main line, and the other running 25
miles west to Fort Collins(Wilkins 1974:185). The Dent Branch was in use until 1988 when it was
abandoned by Union Pacific (Letter from Barbara Sudler, State Historic Preservation Officer, to
Joseph Anthofer, Attorney General for the Union Pacific Railroad Company dated June 7, 1988).
Within the project area the railroad grade corridor,including the rail bed and adjacent cuts
and fills, is approximately 30 to 40 feet wide and the rail bed is elevated from six to 20 feet above
the surrounding terrain. The grade appears in good condition and has not been breached. Rail ties
and rails are present and intact for 1200 feet of the 1300 feet of the railroad grade that is located
within the project area. The rails and ties have been removed on the northern most 100 feet at the
northern end of the grade within the project parcel and also beyond the parcel's northern boundary.
Artifacts associated with the railroad and found along the tracks included loose railroad spikes and
wooden ties,miscellaneous scrap metal,wood fragments,and modem sanitary tin cans. Please refer
to Scott(2001:4-5), and the site record at OAIIP for a more detailed description of the site. A copy
of the form for segment 9 is appended to this document.
National Register Qualities
The Dent Branch of the Union Pacific Railroad, including segment 5WL)317.9 discussed
here,has been recommended eligible for inclusion on the National Register of Historic Places under
criterion"a"for its association with the development of early agriculture and mining activity in the
SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.18/20 •
2
area. SHPO has concurred with this assessment. MAC originally recommended this segment to be
non-contributing due to compromised integrity of feeling and association, because more recent
residential and commercial development along and in the vicinity of the rail grade has altered the
rural character of the landscape as it would have appeared at the time of this site's historic
significance. However,the SHPO places more weight on the physical integrity of the rail grade,and
this is, indeed, still in good condition and in fact still retains tracks and ties for much of the length
discussed here.
Federal Involvement
This treatment plan is presented to facilitate resolution of adverse effect to 5WL1317.9, as
mandated by section 106 of the National Historic Preservation Act, as amended, and described in
36 CFR §800.6. Adverse effect will result from direct physical impacts and impacts to the setting
of the site that may occur if this parcel is developed. These impacts will affect qualities that cause
this site to be considered eligible for the National Register of Historic Places. Development by the
proponent will be enabled through inclusion of the parcel in the Northern Colorado Water
Conservancy District. By agreement with the Bureau of Reclamation,such inclusion must have the
assent of the Secretary of the Interior, and thus the project becomes a federal undertaking for the
purposes of section 106.
Effect
The proponent proposes development on the Dacono Annexation parcel that may physically
impact the rail grade. Though the development plans are not final to MAC's knowledge, they may
include breaching the rail grade for construction of roads, leveling portions of the grade for
landscaping and possibly construction of buildings where the grade now lies, or use of the grade for
other purposes, such as redevelopment as a trail for non-motorized uses. All of these pose a threat
to the physical integrity of the grade as well as the integrity of the setting of the grade. For these
reasons,and in order to not encumber the proponent with restrictions related to this historic property,
MAC proposes a treatment plan which will fully record and document this segment, and should
allow approval of any development proposals within this parcel,regardless of the nature of or degree
to which they impact this segment of the historic property,up to and including complete removal of
the features and artifacts of this segment of the site.
Proposed Treatment
The potential range of impacts to the Dent Branch within the parcel (about 1/4 mile) is
unknown,but this treatment plan is designed to document the grade and the current setting to allow
for a full range of eventualities. The treatment plan has five elements,based generally on a.Level
II documentary effort as described by Atheam (1990) and OAHP/CHS (1998):
Photo-documentation
Detailed, site-specific inventory for related artifacts and features
Scaled mapping
Context documentation
SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.19/20 •
3
Illustration of representative cross-sections of the grade
Photo-documentation will include archival medium format(2x2)black-and-white print,35
mm color print, and 35 mm color slide photography: Photos will be taken of the grade itself,
showing representative examples of the range of variation in the feature within the segment. Photos
will be taken of any associated features. Finally, overview photos will be taken that document the
setting of the segment. The photos will be keyed to the map of the segment.
The length of the segment will be re-inventoried to locate, identify and describe any
associated artifacts,and to confirm the presence or absence of associated features. No features were
found in the original inventory, but a site-specific re-check is warranted to confirm that result.
The proponent is having a detailed topographic map prepared of the entire development
parcel. This map is being produced by photogrammetric means and will be to scale and show
contours at an interval of several feet, along with existing geographic and cultural features. MAC
will use this map as a base map for the site, and annotate it with information specific to the site,
including the location of photographs, artifacts, features, and illustrated cross-sections, discussed
below.
MAC will acquire all available site documentation from the Office of Archaeology and
Historic Preservation and review it for completeness with respect to the description and context of
the site. If the existing site description, narrative history, and context are inadequate, they will be
updated.
Finally, scale drawings will he made of representative cross-sections of this segment of the
site, showing the range of variability in grade profile across the project area. This will include
drawings that adequately characterize cuts and fills within the project area. These drawings will be
made using instrument recordings of relative elevation at regular intervals across the feature, the
locations of which will be selected to best represent the range of variability in the profile of the
grade.
MAC will enlist the assistance of Western Historical Studies of Lafayette,Colorado,in this
effort,particularly regarding the re-inventory of the site and the evaluation and possible updating of
the site documentation. The remainder of the tasks will be completed by MAC staff; under the
author's direction.
MAC will prepare a final report of investigations, consisting primarily of the proposed site
documentation and a revised Colorado site form. This will be submitted to the Bureau of
Reclamation and the Colorado State Historic Preservation Office. The format and content will
follow Office of Archaeology and Historic Preservation guidelines.
SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.20/20 •
4
References Cited
Athearn, Frederic J.
1990 A View to the Past—A Window to the Future:A Guide to PhdtodocumentingHistoric
Places. Bureau of Land Management, Colorado, Cultural Resource Series no. 30.
Denver.
Office of Archaeology and Historic Preservation, Colorado Historical Society(OAHP/CHS)
1998 Historic Resource Documentation:Standards for Level I,II, and HI Documentation.
Office of Archaeology and Historic Preservation publication no. 1595. Denver.
Scott, John M.
2001 Carlson Annexation and Dacono Estates Project: An Intensive(Class III) Cultural
Resource Inventory, Weld County, Colorado. Metcalf Archaeological Consultants,
Inc. Prepared for Bob Swenson, Louisville, Colorado, Ms. on file, Office of
Archaeology and Historic Preservation, Denver.
•
•
TOTAL P.20
FROM :1 FAX NO. :303-914-0220 Sep. 17 2003 12:31PM P2
:7.1r•
TOWN OF FREDERICK
Ir
P.O. BOX 435 • 'FREDERICK,CO 80530 • PHONE(309)833-2388
•. FAX:(303)833-3817
September 17, 2003
Sheri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Formal Referral Response Case No. RE-3648,SE-1000, SE-1001, SE-
1002, SE-1003
Recorded Exemption and 4 Subdivision Exemption Applications
Dear Shed;
Planning staff has reviewed the above referenced formal referrals for a recorded
exemption and 4 subdivision exemption applications on the Warner property.
The proposed applications are not located within our planning area boundaries;
therefore, comments and/or concerns from the Town are limited in scope. The
series of proposed exemptions makes it rather difficult to understand the
underlying goal of the project. Nonetheless, The Town of Frederick has
concerns regarding access and placement of utilities should these exemptions be
approved.
The Town of Frederick would like to thank you in advance for the opportunity to
comment on development applications within Weld County.
S cerelyr
kikeare
Carrie McCool, Town Planner for the Town of Frederick
McCool Development Solutions, LLC
Co' Dick Wyatt, Mayor
Town of Frederick
•
Weld County Referral
WilDe August 21, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ronald Warner Case Number SE-1002
Please Reply By September 18, 2003 Planner Sheri Lockman
Project Subdivision Exemption
Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado.
Location 'A mile north of Perry Street and % mile west of CR 11 along old railroad right-of-
way. 121
Parcel Number 1467 13 3000)4& 1467 13 0000
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.
❑ 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. j� I I
Comm nt . t Ai t• ./M c ,yi2 Lc rww A d I a r 6...)
t n n t
J o tex ( K
I Ca A4,44 n .. an-,.. n.,cit. Cc^is lra /Wit. J 4 !S I
qty^ etv e
Signature / Ct c1j,�rs Date ;?e43Agency Y T toartna Ca+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 t(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Department
GRFFI.FY nEEICE
SEP I R 2003
RcLLg V
DACONO ESTATES LLC
Sherri Lockman September 10, 2003
Weld County Planning
1555 N. 17th Ave.
Greeley, CO 80631
Dear Ms Lockman,
Thank you for your referral. We have copied you a letter to the City of Dacono that was
sent September 9,2003. Enclosed you will find a concept plan that illustrates the planned
development of the adjacent properties to the subject property. You will notice that there
are a lot of trails,road ways and oil and gas wells, and parks that need to be coordinated
with not only this property but all adjacent properties. Although this concept plan in not
been engineered or platted it probably will be very similar to the end pro duct.
We are very happy to work with Mr. Warner in a cohesive manner but we are very
concerned with his endeavor to essentially build estate housing over a rail road line. We
also need to point out that if this land plans on using the Central Weld water it must be
included into the Northern Water Conservation District. In addition, we did try to petition
this land into NWCD and have first hand knowledge that as a condition of inclusion, the
Bureau of Reclamation and SHIPPO is requiring that a historic treatment plan be
performed on this railroad spur to preserve the historical significance prior to any rail
being removed. You might call Metcalf Archaeological from Eagle. Colorado concerning
the requirements. (970-328-6244)
Sinc y,
B SGT^-
Managing Partner I
Dacono Estates LLC BOB SWENSON
'a! MANAGING PARTNER
CC: Ken Dell
Karen Cumbo Development
PO BOX 270179 * LOUISVILLE, CO 80027
PH(7201890-1111 • PAX(303)665-6787 * EMAIL RCSNENSONSRMI.NET
/BE N ALL
DACONO ESTATES LLC
Karen Cumbo September 8, 2003
Dacono City Administrator -
512 Cherry St
Dacono, CO 80514
RE: Union Pacific Railroad Spur in Section 13
Dear Ms. Cumbo,
As you know we own both sides of the old Union Pacific Railroad spur in portions of
Section 13 TWN 1 N Range 68 W. We are of the understanding that there is a
worksession regarding this property tonight in which we will not be able to attend. In
addition you were aware that we had intended to purchase this property and dedicate
enough of the land for a trail system. We thought that the highest and best use for the
property was very limited and a trail system seemed to fit the overall needs of the city
and the adjoining land developments.
We were under the impression that Union Pacific indirectly agreed that this property was
of little value due to their low asking price of approx. (2,000 an acre)and the fact that
they sell property based on appraisal.
We have a number of concerns if this property is zoned into a large lot development:
1. That the proper land use for this property should facilitate the inter-connection of
developments along WCR 11 and WCR 13.
2. That any large lot development could potentially restrict traffic flows, impede fire
department access, restrict water line loops, and put added constrictions on storm
drainage systems, oil and gas line relocations and other systems which other larger
developments have spent significant amounts of capital to insure that the overall plan
of the city is integrated.
3. That water wells(if any) and leach fields systems adjacent to high density or low-
density development is probably not prudent.
4. That horse property may or may not be compatible with the larger adjacent
developments and would essentially be allowing the tail to wag the dog.
5. That any land use entitlement granted by the City of Dacono or Weld County should
recognize the larger developments needs for compatibility with the "main" systems
for power, sewer, storm drainage, oil and gas relocation,oil tank relocation,road
systems,water lines, sewer lines, zoning designations, density etc.
6. That an access off of WCR 8 is premature and may cause numerous problems in light
of the fact that the surrounding land is being developed into a fairly intense use.
We have been in contact with the present landowner and have expressed our desire to
work with him in trying to coordinate all the systems. We are more than happy to
coordinate access through our subdivision as well as coordinate water supply, sewer
access, and storm drainage. We believe that the land should be used as a trail and that if
there is room for development it could be clustered in the widest portion of the land
which is just north of WCR 8. The densities could be consistent with the adjoining land
uses.
We are more than happy to work with the present land owner and try to come up with a
plan that makes economic sense,but we believe that the entitlement process should as a
practical matter be processed in the City of Dacono and not with Weld County. We
understand that there may be overriding legal positions,however from the standpoint of
Dacono Estates LLC and our plans to develop our 240 acres we believe that it-would be a
travesty to have a ribbon of land approx. 1.5 miles in length divide, constrain, and -
restrict the all the development along WCR 11 from those on WCR 13.
Respe y
Bo��dn �f
Managing Partner
Dacono Estate LLC
CC: Weld County Planning Department
Ken Dell
Gil McNeish
6 rot Weld County Referral
igniC. August 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ronald Warner Case Number SE-1002
Please Reply By September 18, 2003 Planner Sheri Lockman
Project Subdivision Exemption
Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado.
Location 1/2 mile north of Perry Street and '/2 mile west of CR 11 along old railroad right-of-
way.
Parcel Number 1467 13 3000.1 & 1467 13 0000I'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.
❑ 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 (— ' Date
Agency {Y* . ;s ic�—
•:•l^ e.c :aunty?'annino Dept. -:•188.8 N. 17th Ave. Gree•ev :0. 30531 -:•(970)353-6100 exL3540 ti•(970)304-8498 fax
ou"rA'" ,MOUNTAIN VIEW FIRE PROTt.;TION DISTRICT
a Administrative Office:
9119 County Line Road• Longmont, COMM County Planning Department
(303)772-0710• FAX(303) 651-7702 GREELEY OFFICE
.,111 SEP 0 8 2003
vies
RECEIVED
September 5, 2003
Ms. Jacqueline Hatch
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Ms.Hatch:
I have reviewed the submitted material pertaining to the recorded exemption and subdivision
exemptions for the Ronald Warner property located Yz mile north of Perry Street and %z mile west
of Weld County Road 11 (Case Numbers: RE-3648, SE-1000, SE-1101, SE-1102 and SE-1003).
The Fire District does not object to the requests, but does have the following comments and
requirements a residence be constructed or placed on any of the parcels created:
• All construction shall be in accordance with the provisions of the Uniform Fire Code, as
ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced
by Weld County.
• Water supply for fire protection may be required for a new dwelling. In instances when a
request is for a recorded exemption and not a subdivision, water supply for fire protection is
not required for a single family residence that is not larger than 3,600 gross square feet and is
placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed
on less than 2.5 acres, water supply for fire protection requirements may apply. All other
structures may require water supply for fire protection depending on the use of the new
structure.
• When water supply for fire protection is required, a minimum fire flow of 1,750 gallons of
water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.), is
required for one-and two-family dwellings exceeding 3,600 gross square. All other buildings
require a minimum fire flow of 1,500 gallons of water per minute, measured at a residual
pressure of 20 pounds per square inch (p.s.i.) and may require more depending on the
building size and type of construction as per Appendix III-A of the Uniform Fire Code. If the
required fire flow is not available for a single family residence,the installation of a residential
fire sprinlder system will be accepted as an alternative to meeting the required fire flow.
• If a residential fire sprinlder system is proposed, the plans for the fire sprinlder system must
be submitted to the Fire District for review and approval prior to installation.
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette.CO Erie,CO 100 Sc.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
Ms. Jacqueline Hatch
September 5, 2003
Page Two
We appreciate being involved in the planning process. Should you have any questions, please
contact me at(303) 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
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4=7 3010457 12/02/2002 04:13P Weld County, CO
1 of 5 R 26.00 D 6.68 J.A. "Sukl" Tsukamoto
1689-90
QUITCLAIM DEED U0S7 (2 Qc k
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor,
(successor in interest by merger to Union Pacific Railroad Company, a Utah corporation)
in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration to
it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE
and forever QUITCLAIM unto RONALD M. WARNER, Grantee, whose address is 4227 N.
119'" Street, Lafayette, Colorado 80026 and unto his heirs and assigns forever, all of
Grantors right, title, interest, estate, claim and demand, both at law and in equity, ot, in,
and to the real estate (hereinafter the "Property") situated in Weld County, State of
Colorado, as more particularly described in Exhibit A, hereto attached and hereby made
a part hereof, together with all after acquired title of the Grantor therein.
EXCEPTING from this quitclaim the railroad trackage, ties and track
appurtenances located on the Property, and RESERVING unto the Grantor, its successors
and assigns, a temporary easement on, along, over and across the Property for said
railroad trackage, ties and track appurtenances. This easement will expire when Grantee
completes the removal and salvaging of the track, ties and track appurtenances, or one
year from the date of this Quitclaim Deed, whichever occurs first. No further
documentation from Grantor will be required to release this temporary easement after
Grantee has completed its removal and salvaging operations.
FURTHER EXCEPTING from this quitclaim and FURTHER RESERVING
unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of
every kind and character now known to exist or hereafter discovered underlying the
Property, including without limiting the generality of the foregoing, oil and gas and rights
thereto, together with the sole, exclusive and perpetual right to explore for, remove and
dispose of said minerals by any means or methods suitable to the Grantor, its successors
and assigns, but without entering upon or using the surface of the Property, and in such
manner as not to damage the surface of the Property, or to interfere with the use thereof
by the Grantee, his heirs and assigns.
It is expressly understood that the subjacent support of the Property may
have been impaired by mining operations heretofore carried on beneath the surface
thereof, and the quitclaiming of the Property is upon the condition that Grantor, its
successors and assigns, shall not be liable for damages resulting therefrom.
'I MID IIIII 1111111 till DIE hill III HMI /III /III
3010457 12/02/2002 04:13P Weld County, CO
2 of 5 R 26.00 0 6.68 J.A. "Solo" Tsukamoto
IN WITNESS WHEREOF, the Grantor has caused this deed to be duly
executed as of the47A day of muernive , 20 D.-
Attest
1 r�I UNION PACIFIC RAILROAD COMPANY
l i / � By SCf
Assistant Se r ry Title: GEN MANAGER-REAL ESTATE
(Seal)
.
aA?LRO4�''%
1r• 0P0Rgre. �p�
•
s • rc
z ir SEAL
...:.•••
OE L A`1O`�
2
HADATAMARDMRIRD.SALES 2000SALES 2002168990 OCD.DOC
•1111111111111111111 11111 11111 11111 t 1111111111111111
- 3010457 12/0212002 04:13P Weld County, CO
3 of 5 R 26.00 0 6.68 J.A. "Sukl" Tsukamoto
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On,p aloe , 20 O'- before me, a Notary Public in and for
said County and State, personally appeared TONY K. LOVE
and C.J. MEYER who are the GENERAL MANAGER-REAL ESTATE
and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
• instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
- _ Notary Public
(Seal)
GENERAL NOTARY-St
aeotNebraska
scl4;:
MY Comm. Erp8RMarch I, 2004
3
H:%DATA\WORDIWORD-SALES 20gTSALES 2002188980 OCD.DOC
▪ 1111111 111011N 11111 11111 11111I""' III 111111111 1111
• 3010457 12/02/2002 04:13P Weld county, CO
• 4 of 5 R 26.00 D 6.68 J.A. "Sukl" Tsukamoto
UNION PACIFIC RAILROAD COMPANY
Weld County,Colorado
EXHIBIT "A"
Parcel 1
A parcel of land situate in the S1/2 of Section 13, Township 1 North, Range 68 West of the 6th
Principal Meridian in Weld County, Colorado, being all that portion of the certain parcel of land
heretofore conveyed to Union Pacific Railroad Company by that certain deed dated November 13, 1905,
from William H. Akers, recorded November 27, 1905, in book 212, page 279 of the Weld County deed
records, extending in a northerly direction from the south line of said S1/2 to the north line of said S1/2
said Section 13.
Containing a net area of 9.41 acres,more or less.
Said Parcel conveyed in deed from William H. Akers is more particularly described in said deed
as follows:
A strip, piece or parcel of land situated in Section Thirteen(13),Township One(1)North,Range
Sixty eight(68) West, 6th P. M. and described as follows,to wit: Being a strip two hundred fifty
feet in width being one hundred and twenty five feet in width on each side of the center line of the
Washington Mine Spur Extension of Union Pacific Railroad as surveyed, located and staked out
through,over and across a part of said section described as follows:
Commencing on the south line of said section or at station 29+13 of said railroad and running
north and slightly east a distance of one thousand feet. And also a further strip one hundred feet
in width being a strip fifty feet in width on each side of center line of said railroad as the same is
surveyed, locate and staked out,through over and across said section described as follows:
Commencing at last described point one thousand feet north of section line and running thence
north and slightly east to the north line of said section or to station 82+70 of said Railroad.
Parcel 2
A parcel of land situate in the SE1/4 of Section 13, Township 1 North, Range 68 West of the 6i°
Principal Meridian in Weld County,Colorado,being all of that certain parcel of land heretofore conveyed
to Union Pacific Railroad Company by that certain deed dated June 3, 1909, from William H. Akers,
recorded June 18, 1909,in book 305,page 213 of the Weld County deed records.
Containing a record area of 3.58 acres,more or less.
Said parcel conveyed in deed from William H. Akers is more particularly described in said deed
as follows:
All that part of the South West quarter(SW'V.)of Section No.Thirteen(13),in Township One(1)
North, of Range Sixty eight (68) West of the Sixth Principal Meridian, which lies easterly of a
line drawn parallel with and seventy five (75) feet distant westerly from the center line of the
main tract of Union Pacific Railroad (known as the Denver-northern line) as the same has been
surveyed, located and staked out through, upon, over and across said Section Thirteen (13), and
1111111111111111111111111111111111 ! "! III 1111111111111.
• 3010457 12/02/2002 04:13P Weld County, CO
• 5 of 5 R 26.00 D 6.68 J.A. "Suki" Tsukamoto
westerly of the westerly right of way line of the constructed line(known as St. Vrains Branch of
Union Pacific Railroad), said strip,piece or parcel of land herein conveyed, containing an area of
3.58 acres more or less.
Said center line crosses the south line of said section 3153.0 feet west of the southeast corner
thereof and extends northeasterly on a tangent to intersection with the north line of said section at
a point 2503.0 feet west of the northeast corner thereof.
The above described 2 parcels contain a total area of 12.99 acres,more or less.
Office of Real Estate
Union Pacific Railroad Company
Omaha,Nebraska
Written:August 13, 1998
REVISED:May 17,2000
REVISED September 9,2002
Written by:JCO/jln
168990.1eg
2
WELD COUNTY ROAD ACCeSS INFORMATION SHEET
Road File#: 7l Date: —303
RE#:
UUU
Other Case#: Weld County Department of Public Works
111 H Street, P.O.Box 758, Greeley, Colorado 80632
Phone: (970)356 4000, Ext.3750 Fax: (p970)304-6497
1. Applicant Name 0(-) A O.,+fYnStr Phone 3—W -0306
Address -42 '1 1.4. ttS - t, City i .,l tc -c State Cs. Zip FOo2,lo
2. Address or Location of Access 1\c,p CAL. nc--- Co P .• g
•
Section (3 Towns?___]____ Range___Laca Subdivision Block 4 Lot
Weld County Road#: Side of Road Distance from nearest Intersection 1/2 mitt.
3. Is there an existing access(es)to the property? Yes X No #of Accesses 1 a
`(
4. Proposed Use: S� au,„ Cons1�et
Permanent Residential/Agricultural O Industrial CO. 10 ,
O Temporary O Subdivision O Commercial O Other
•***ft**fr„ft**fw**********..*******t***H***f**fs******************************************************************************
5. Site Sketch
Legend for Access Description:
AG = Agricultural sidenti _el i I
= Residential r
O&G = Oil&Gas c4 i a,.12 .
D.R. = Ditch Road N )
0 = House is,G.
O = Shed ,
g.,J se. �r eat eLe Qd. it
NI
e T_Da'
II
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,.T.A. L.,
OFFICE USE ONLY:
Road ADT Date
Road ADT Accidents Date
Drainage Requirement Culvert Size L Date Accidents Len
Special Conditions ength
0 Installation Authorized 0 Information Insufficient
Reviewed By:
Title:
-7-
AUG. 4. 2003 4:57PM
NO. 012 P. 8
STATE a COL0RADNVEYENCES
WELD COUTY OF WELD DEPARTMENT COIIN�y
TMENT OF PLANNING SERVICES
The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it
has been made a careful search o its records,and fords the following conveyances affecting the real estate
described herein since August 30, 1972,.and the most recent deed recorded prior to August 30,1972.
LEGAL DESCRIPTION:
A tact of land located in the North One-Half of Section 13,Township 1 North,Range 68 West of the 6th
P_M.,being more particularly described as(See attached Exhibit A).
CONVEYANCES if none appear,so state)
Reception No.3010458
Reception No.2462577 ,Book 2002
Reception No. 1686524 ,Book 1517
Reception No.Page 439 ,Book 765
Reception No.Page 497 ,Book 266
Reception No. Page 279 ,Book 233
Reception No. ,Book 212
Reception No. ,Book
,Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado_
This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title
and the liability of Security title Guaranty company,is hereby limited to the fee paid for this Certificate.
In witness Whereof,Security Title Guaranty,Company,has caused this certificate to be signed by its proper
officer this 4th day of August,2003,at 3:10P.M..
Security Title uaranty Company
BY led Sig
uthoiued Signature `/'
Security Title Guaranty Co.
3690 W.10th St.,2nd Floor
Greeley,CO 80634
(970)356-3200 •FAX(970)356-4912
Toll Free:_1-888-825.3215
AAl 4, 2003' 4: 58PM N0. 012 P. 9
'A tract o£ land located in the North One-Half of Section 13, Township 1 North.
Range 68 West of the 6th P.N., being mere particularly described as: - •
Considering the South line of the Southwest One-Quarter of said Section 13 to
bears South.89'04'31' East. and all hearings contained herein being relative
thereto;
Beginning at a point on the South line of the North 1/2 of said section 13,
whence the Nese One-Quarter Curter of said Section 13 bears North 89'40'45'
West, 2498.74 feet; thence along the South line of the North One-Half of said
Section 13. South 82'40.45' East, 21-27 feet; thence leaving the South line
of the North One-Half of said Section 13 and along the rights-of-way of the
Union Pacific Railroad. North 12'24'46' Sant, 2341.25 feet; thence to a point
on a curve !C6) to the left which has a central angle of 1'45.49', a
radius of 1146.07 feet, the chord of which hears North 11'31'52' East, 351.05
feet to a point on the North line of the Northeast One-Quarter of said section
13; thence, south 89'43.30' West, 260.05 feet; thence leaving the North line
of the Northeast One-Quarter of said section 13 and along the rights-of-way of
the Union pacific Railroad South 06'49'30' West, 2647.78 feet to the Point of
Beginning.
County of Weld.
State of Colorado.
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07/21/03 10:58 FAX WELD ASSESSOR
-�-- ---- -'�--�--- I1002
OFFICE OF THE WELD COUNTY'ASSESSOR
PHONE(970)353-3845,EXT 3650
. FAX(970)304-6433
• WEBSITE:www.c0.wEld.co_uS
WELD COUNTYADMINISTRATWE OFFICES
• 14001Q 17TH AVENUE
O GREELEY,CO ORADO 80631
•
COLORADO
•
July 21,2002 •
•
RE: Parcels for Ronald M Warner
Abandoned railroad property
To Whom it may Concern,
The following parcels are new parcels for 2003.
Because they were previously abandoned railroad property they were not on th tax roll for 2002,
therefore, no taxes were due. The 2003 taxes will be due in 2004.
Parcels are:
•
ACCOUNT# PARCEL #
R2142403 146713300018
R2142303 146713300017` •
R2142603 146713100020
R2142503 • 146713100019
Stan Sessions •
Weld County Assessor
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