HomeMy WebLinkAbout20011762.tiff FROM : TOC-HOE PHONE N0. : 9703568043 Jun. 14 2001 03:44PM P2
DENVER CANADIAN, INC.
Daniel L. Ochsner, President 18905 Weld County Road 394, LaSalle, Colerad o 80645
Phone: 90.330-3839
Weld County Planning Dept.
HI
June 14, 2001 JJN 1 8 2001 C
RECEIVED
Cleric to the Board of
County Commissioners
Greeley, CO 80631
RE: IVY CREST SUBDIVISION
Dear Clerk:
This letter is to request that Ivy Crest Subdivision's Final Plat be put on the agepda for the
next Board of County Commissioners meeting. The only remaining condition wqs to obtain
a letter from Patine Oil Company stating that it would accept the new acce0s road as
requested by Weld County Public Works Department. Sherry Lockman of the Pl laming and
Zoning Department has personally spoken with the Patine Oil Company but they have been
unwilling to put anything in writing regarding the change of this access road.
As stated above, the new road was a condition made by Weld County Public Works
Department. This new access road was approximately 100 feet from the old access point
Don Carroll from Weld County Public Works Department has been to the site and has
inspected and approved the new access road.
Roger Lowe,the local representative of Patine Oil Company in the Platteville office saw no
problem with this change in access. However, his supervisor has now stated that"before he
will sign a letter for the change of access he wishes to receive relief of litigation oq a pipeline
Patine placed on my property. The pipeline was to have been 5 feet deep, but was laid in
error only 4 feet deep. It is the apparent position of the Patine Oil Company Mat I must
agree not to litigate on this matter before they will be willing to sign an agreement letter for
the change of access. I believe that this is outside reasonable bounds for a lettel;verifying
use of the new access road. I cannot agree to their request with regard to the pipeline.
Therefore, at this point, Patine Oil Company is not willing to provide the requested letter.
I have made my best faith efforts to fulfill the conditions for approval of the fmal Oat for Ivy
Crest Subdivision The condition is met in that a new access road is in place even though
I do not have a letter from Patine Oil Company. At this time, I request that thF Board of
EXHIBIT
2001-1762 _E
S#528
FKOM : TOC-HONE PHONE NO. : 9703558043 Jun. 14 2001 03:44PM P3
Clerk to the Board of
County Commissioners
June 14, 2001
Page 2
I have made my best faith efforts to fulfill the conditions for approval of the final plat for Ivy
Crest Subdivision, The condition is met in that a new access road is in place even though
I do not have a letter from Patine Oil Company. At this time, I request that thci Board of
Commissioners consider the approval of the final plat for Ivy Crest Subdivision ;')t the next
Board meeting.
Thank you for your consideration of this matter.
Sincerely,
Dan Ochsner, President
Denver Canadian, Inc.
DO:cs
c: Weld County Planning and Zoning, Attn: Sherry Lockman
MAY-11-01 FRI 08:01. AM WELD COUNTY PUBLIC WKS7 FAX_9703046497 PAGE 2
r ,, MEMORANDUM
IIITO: Diane Houghtaling, P.E., Traffic Engineer DATE: May 9, 2001
FROM: Donald Carroll, Engineering Administratorot.,
COLORADO SUBJECT: RE-2152, Denver Canadian Ivy Crest Lot A
At the request of the applicant, Dan Ochsner, an inspection of the site was performed.
The new access has adequate site distance in both directions,and has provided a sixty-foot flat spot from the edge
of the pavement approach at 2% and the remaining grade is no steeper than 4%. The width of the approach
measures between 17 and18 feet with adequate depth of gravel. This requirement meets the standard for
appendix 8-B road access sketch#4 of chapter 8,Article 2 of the County Code.
CC: file
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ig. EXHIBIT
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Dave Long -S-588 Final Plat Page 1J
From: <Spuds9826@aol.com>
To: <dlong@co.weld.co.us>, <gvaad@co.weld.co.us>, <rmasden@co.weld.co.us>,
<bjerke@co.weld.co.us>, <mgeile@co.weld.co.us>
Date: 7/17/01 10:37AM
Subject: S-588 Final Plat
July 17, 2001
Gentlemen,
Please use your usual careful consideration when reviewing the application
for the Final Plat on S-588.
While it is the applicants contention that five estate size lots will not
impact the neighborhood, I believe that just the reverse would be true. This
area is entirely agricultural. In fact,just across WCR 19 from the proposed
lots is a potato/onion
processing facility that could be an issue to new residents. With
different configuration and smaller number of new homes the houses could be
positioned in a manner that neither the home or the potato shed would be
impacted.
I would like you to look closely at the configuration of the lots and note
that an irrigation ditch, although privately owned by the applicant, bisects
the lots. And in fact, the lots will use part of an irrigated field to meet
the 2.5 acre minimum size for the estates. Crop share? Cash rent? The
reality is that the area intended to be developed is not of sufficient size
to allow 5 homes without encroaching on to the farmed area.
I believe that the location would be best used for a maximum of 3 new lots.
The lots size, shape and configuration would be better suited for the
agricultural area. The applicant already has one house and a mobile home
along with a large metal out building that is rented to a commercial trash
company on the property.
In addition, please ask the applicant to include the Right to Farm on the
plats, have new residents sign that they have read and understand what it
means and that it be included in the covenants for the subdivision.
Protect the agricultural business that is directly across the road.
Thank you for your attention.
Linda Pyeatt
9826 Hwy 66
Platteville, CO 80651
970-785-6203
r. EXHIBIT
588
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MEMORANDUM
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TO: Sheri Lockman, Planner II DATE: July 9, 2001
ikFROM: Donald Carroll, Engineering Administrator
SUBJECT: S-588,Denver Canadian, CIO Dan Ochsner
COLORADO
Verifying the typical cross-section with Diane Houghtaling and yourself, the applicant is proposing a typical gravel
cross-section for the minor subdivision, but the Improvements Agreement is reflecting a paved roadway section.
Minor subdivisions are classified as privately maintained,with no County maintenance. I am enclosing the original
Improvements Agreement According Policies Regarding Collateral for Improvements(Publicly Maintained Roads).
The applicant must resubmit a new Improvements Agreement for a private road maintenance and rework
calculations and quantities to reflect the gravel road section for the minor subdivision, if that is his intent.
pc: S-588 Weld County Planning Dept.
Diane Houghtaling, P.E.
plant 3s.wpd
UL i 1 2001
RECEIVED
EXHIBIT
tt -ft 58D'
CAROL Harding -April 25 01 Weld com.doc Page 1 j
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July 17, 2001 RECC __
Well County Planning Conmrission 1 ! + at
Wekl County Planning/Health Department Building 40
1555 N. 17th Avenue i
Greeley, Colorado 80631 �� 1
RE: Denver/Canadian do Dan Ochsner 0
S-588
Minor Subdivision Final Plat
Well County Connnissioners,
The neighbors in the area, Mayer Produce, L.T.D. and Mayer Farms, directly across the
road from this subdivision, do not support this zone change. Also to note,neither the
town of Platteville nor the Weld County Planning Commission supported this zone
change in 2000 or in 2001. .
Please refer to the file on this case where you will find a list of signatures and opposition
letters. Our voice was not heard a year ago and therefore, oppositing comments, to this
finalization,will not be many. Why would people take the time to write letters or attend
meetings,when their voice is not heard? How is this zone change compatible with the $
Weld County Comprehensive Plan, as this subdivision is IN THE HEART OF ,
AGRICULTURE and will impact the surrounding land uses. How will this subdivision 8
foster ecomonic health and continuance of agriculture? Our right to farm is being
challenged.
For our protection from law suits and our continued desire to support a viable farm and
packaging business,please help us with the following:
40
#1) Ensure, the most current RIGHT TO FARM covenant is on the recorded change of 0
zone plat.
0
#2). Ensure that each future resident is informed of the meaning and intent of this
covenant.
6
#3). Ensure the bailing plan is doubled in height as to provide a wider separation 0
between this subdivision and our packaging/farm business directly across the road from
this subdivision. 0
I
8
#4). Ensure, during construction, that additionalprecautions are taken to avoid sofa
erosion on the Mayer Farm and residential area. The future construction area is VERY S
SANDY and without trees and protection to stop the sand from blowing on the crops and 4
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CAROL Harding April 25 01 Weld com.doc Page 21
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young trees across the road will be damaged and/or possibly destroyed.
#5. . Ensure the houses are 300 feet from the road to provide a wider separation and
decrease the conflict between agriculture and non-agriculture.
What guarantees do we have that all these conditions, e.g., 80 feet right of way from
WCR#19, RIGHT TO FARM covenant shall be recognized at all times,will be met?
Who follows-up on this process?
Thank you for your support and implementation of these small conditions.
In a study by the American Farmland Trust called, "Living on the Edge: The costs and
Risks of Scatter Development it was found that:
*The do not generate enough taxes to educate the children who live there.
*They fall short of paying road maintenance
*Other homeowners pay for the extend municipal water and sewer services to such
sprawling developments
*Longer response times in police, fires and ambulance services.
Sincerely,
Lila&Ken Mayer
14534 WCR#19
Platteville, Colorado 80651
.11
S-588
Ivy Crest Minor Subdivision
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