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Home My WebLink About840036.tiff AR20e4452 B 1084 REC 02024452 09/11/85 15: 40 $0. 00 1/002 F 0169 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: GRANT CHANGE OF ZONE FROM AGRICULTURAL TO PLANNED UNIT DEVELOPMENT FOR MARTIN ESTATES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rale Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 26th day of December, 1984 , at 2 : 00 p.m. for the purpose of hearing the application of Martin Estates, 147 South Denver Avenue, Fort Lupton, Colorado 80621 , requesting a Change of Zone from Agricultural to Planned Unit Development on the following described real estate, to-wit: Part of the S# of Section 12 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 21 .6 . 2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . This area is not good agricultural land and this Change of Zone will allow the best use of this land. 2 . This Planned Unit Development is laid out well. 3 . Sufficient water is available for this Planned Unit Development. 4 . The proposed lot size is large enough for individual septic systems. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Martin Estates for a Change of Zone from Agricultural to Planned Unit Development on the above referenced parcel of land be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that oil and gas production is a permitted use in the Planned Unit Development. 840036 1)1-09 3� The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of December, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: \ ♦ :7 .a_ ~ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman EXCUSED BY: G WV J��ggq///333ueline Johnson, Pro-Tem Deputy Countk arg , µ APPROVED AS TO FORM: Gen R, ran ner^ �G� SIA/leCC Ch ck Carlson County Attorney EXCUSED John T. Martin HEARING CERTIFICATION DOCKET NO. 84-82 RE: CHANGE OF ZONE, AGRICULTURAL TO PLANNED UNIT DEVELOPMENT - MARTIN ESTATES A public hearing was conducted on December 26, 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem, Excused Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Jim Mayerl The following business was transacted: I hereby certify that pursuant to a notice dated November 21, 1984, and duly published November 21 and December 13, 1984, in the La Salle Leader, a public hearing was conducted to consider the request of Martin Estates for a Change of Zone from Agricultural to Planned Unit Development. Assistant County Attorney Bruce Barker made this application of record. Commissioner Martin announced that he had a conflict of interest in this matter and was excused from the remainder of the hearing. Chairman N. Carlson announced that the applicant could request a continuation of this hearing until a time when the fourth member could be present. The applicant chose to continue with the hearing today. Jim Mayerl, representing the Planning Department, read the unfavorable recommendation of the Planning Commission into the record. (Tape Change #84-145) Burl Van Buskirk was present to represent the applicant and explain this request to the Board. J.L. Sears, realtor, also made comments concerning this application. Wes Potter, Director of Environmental Health Services at the Health Department, stated that there should be no problem with septic systems being placed in the area, and stated this area could be served an adequate supply of good water by deep wells. John McKnight, representing Weeks Energy Minerals Corp. , stated that his company has an oil and gas lease on this property and is concerned about their right to drill if this Change of Zone is approved. He requested that if this is approved, their right to drill would be assured. During this discussion, Commissioner C. Carlson proposed that an agreement for street maintenance and development should be worked out between the oil company and Martin Estates. Mike Romero, Pam Spies, Lee Jackson, Richard Donahue and Tom Meyers, residents of the neighborhood, came forward to protest this Change of Zone. After considerable discussion, Commissioner C. Carlson moved to approve the Change of Zone from Agricultural to Planned Unit Development for Martin Estates, including the condition that oil and gas production is a permitted use in this Planned Unit Development. (Tape Change #84-146) The motion was seconded by Commissioner Brantner and carried unanimously. APPROVED: jf��' y�� `BOARD OF COUNTY COMMISSIONERS ATTEST: \� UMgA 1ksvJ�✓Bluterv> WELD COUNTY, COLORADO Weld County Clerk and Recorder r..-a.,,.— and Clerk to the Board Norman Carlson, Chairman By: Azfre, W EXCUSED Deputy .Zounty ` k Jacq eline Johnson, Pro -Tem It , , -e� CCC, _ne R. Brantner Chuck C EXCUSED John T. Martin TAPE #84-144, 84-145 & 84-146 DOCKET #84-82 LHR 2224 CO ATTENDANCE RECORD December 26 . 1984 TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 84-82 , COZ , A to P .U .D, Martin Estates DOCKET # - DOCKET # PLEASE write or print legibly your __aee, address and the AoL (as yi_t_d above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING =.TTENDI::G —rc:iY,' .2'f�/E;'f/7 vt-7T -/ - ft✓ iS' /yrnlrii ^/ Jr /N ',V'7/, �JT�/re i— �7 ✓ ke i(f-in j//,',20 /(/IIr7r S7 7 /Y9CtrtIN s a-te s _ � ��L�� Sp ill ,� � ate_ E ta_g_e_ eYC K �7bf 4l( �� I1r ��,�,�/ r 'i �e S i`)c vQ r Lire liO (14, 0enc;✓L by4 - Ai*44f 1;, cc-414/er ,3 . 1- L AfS MO A16LI'e,t 40,, Tr/cyta-t. dk'jbud' Ec7?iTo1 J1 ,.. tKailrw...- /ce 3 De-r- ie, h..-- :717/43-1/4. u7a..2._. ro i,, .9 . rn C C. r . 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J - 'J: 1 G c y . d r .c t N: a r F. _ _ _ d C ._ G • G T i r d d ii !C! 4 r G - C C d J t - L r t - a- - - \ >. c L p : - ° a c a c r. = - - f 3 _ = a c a p .- - < �, •r. f Affidavit of Publication Legal Notice STATE OF COLORADO. 1 P1.aaeei dui so ldesr the Star as. W CebW eM a Wdd Casty Zee- County of Weld. , loeft•tern be ' SW la piBiCla,e�assl the. d n Ma- Caleb C+s Wad Cool Wa4 Canty f, Caner, : MMs Street. CwMWI of Gr Caner, Cel IOM Base, is p Filler. Oreelry.es Meae,iteeetl lotore id. said County of Weld. being duly sworn, say that AB pekoes ben erg es reseed m I am bluher,ol the Use S sped Marie' ere N. `r (h ` l, sass toad at be hard. d � ° SE if ALSO KNOWN Set S.eatxed that the same is c weekly newspaper of general mope s°'rteBM by the WOO Comity MWeS e.of the erbbd circulation ae Frit cpd Published in the la the e/a ofthe Cledi tbe toted. . gay ooly Cou•erl baeM'ie the town of Wdd.Cooly Crereb,6. Gsv, Rs. in said county and state: that the notice or adver• fah Q .7Ld/�.Greeley,Cot- aeede tisement. of which the annexed is a true ropy. _boot*Uwe _ • has been published in said weekly newspaper APPLICANT for Mrrese m os weeks: 'that -the nonce was published in the 147 South DawAvonrr regular and emire issue of every number of said " Perrle eie.Celrade88621 newspaper during the penod and lime of publi- DATE:December N.1954 cation of said notice and in the newspaper DOE:Zi99P.M. proper and not in a supplement thereat: dint the lint publication of said notice was contained in BEQUettes)C P.U.D.mpo firmed A IIIKEDlST to P.U. .i toned Unit the issue of said, newspaper bearina date. tin / Devempmestl / / day of J 11 k-":.D.. 19 2 LEGAL DESCRIPTION: and the lost pubii:anon thereof. in thl issue-oi That.pre of the BN of Section IS, said,Rewspcper unn;, date, the L.1— day-al teessblp 1 NothineseeooWer°rtbr ,(( 6M P.M..WO Catty Colored..lotto . l9 that the said excel dtbe Speer Cesel BODID303 COUNTY COISIISSIONERS J82/ Cot-(- 'e— . .Whw COUNTY.COLORADO has been published continuously and unintemspt. -.BY:MARY ANNFEUERSTEIN edly during the period of et-least fifty-two con- -COUNIVCeERBANDRECOBOER ANDCISRl1TO THE BOARD secutive weeks next prior-to the first issue thereof containing said notice or advertisement above BY:Mee RPW,Deputy referred to: and that said newspaper was at the DAZED:.Nrember 31.1984 time of each of the publications of said notice. Published is the V Salle tear on duly qualified for that purpose within the mean- Thursdays, November 21, and. ing al an act. entitled. "An Act Concerning Legal Dermbr 13,1984. Notices. Advertisements and Publications, and the Fees of Printers end Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act" approved April 7, 1921, and all amendments thereof. and particu- larly as amended by an-act approved. March 30. 1923. and an act approved May IB, 1931. Publisher 77 Subscribed and Worn to before me t11- day o1 A.D.. 19 `,- �- - My commission expires —o- Notary Public 2201'> V' C. '4 GREELEY. CT" 8!)631 Alfa E L 1� ASSOCIATES NOV 2 1 1984 Ll r3R.r ca4. November 21 , 1984 LEGAL DESCRIPTION: That part of the South one-half of Section 12, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northeast corner Southeast one-quarter said Section 12; thence SOO°27 '22"W along the East line said Southeast one-quarter a distance of 1895.00 feet to the Northeast corner of MARTIN SUBDIVISION, a subdivision of a part of the Southeast one-quarter Section 12; thence N89°58'45"W along the North line said MARTIN SUBDIVISION a distance of 1170.00 feet to the Northwest corner said MARTIN SUBDIVISION; thence N00"27 '22"E parallel with the East line Southeast one-quarter said Section 12 a distance of 360.00 feet; thence N89°58'45"W parallel with the South line said Southeast one- quarter a distance of 500.00 feet; thence S00°27 '22"W parallel with the East line said Southeast one-quarter a distance of 540.00 feet; thence N89°58'45"W parallel with the South line said Southeast one-quarter a distance of 310.00 feet ; thence S00°27 ' 22"W parallel with the East line said Southeast one-quarter a distance of 180.00 feet; thence N89°58'45"W parallel with the South line said Southeast one-quarter a distance of 250.00 feet; thence SOO°27 '22"W parallel with the East line said Southeast one-quarter a distance of 410.00 feet to a point on the South line said Southeast one-quarter; thence N89°58'45"W along said South line a distance of 75.21 feet to a point 50.00 feet Easterly of and measured perpendicular to the centerline of the SPEER CANAL; thence • Northerly and parallel to said centerline of said SPEER CANAL by the following courses and distances : N46°45' 12"W, 314.12 feet ; NO8°42' 16"W, 470.03 feet ; N26°43' 19"W, 498.38 feet ; N00°18' 20"W, 856.09 feet; N07°08'29"W, 487.04 feet, N29°31 '59"W; 232.41 feet to a point on the North line of the Southwest one-quarter said Section 12; thence S89°57' 12"E along said North line a distance of 372.11 feet to the center of said Section 12; thence S89°57' 12"E along the North line of the Southeast one-quarter said Section 12 a distance of 2658.04 feet to the point of beginning. Contains 128.638 Acres more or less. Subject to County Road Rights-of-way. Basis for Bearings : The East line of the Southeast one-quarter of Section 12, Township 1 North, Range 66 West, is S00°27'22"E. Taken from MARTIN SUBDIVISION, a subdivision in said Section 12. Owen Ayres 8 Associates Inc Engineers/Planners/Surveyors 17 N. 12th Ave., P.O. Box 658, Brighton. CO 80601. (303)659-1157 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 84-82 Martin Estates 147 South Denver Avenue Fort Lupton, Colorado 80621 DATE : December 26 , 1984 TIME : 2 : 00 P .M. REQUEST: Change of Zone - A (Agricultural) to P .U .D. (Planned Unit Development) LEGAL DESCRIPTION: That part of the S2 of Section 12 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying easterly of the Speer Canal BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: November 21 , 1984 PUBLISHED: November 21 , and December 13 , 1984 , in La Salle Leader DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuecday, December 1R_ 1984 at 1:30 p.m. to review a request for approval of a Change of lone from Agrirnitnral to Planned Unit Development (Residential-One Uses by Right) for Martin Rctatec on a parcel of land described as part of the Section 12, T1N R6FiW of the 6th P.M_, Weld County, Colorado. Lying easterly of the Speer Canal containing 123 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 18. 1984 • Copies of the application are available for public inspection in the Department of Planning Services, Room 342, weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: December 6, 1984 Received by: Date: SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 18, 1984 A regular meeting of the Weld County Planning Commission was held on December 18, 1984, at 1:30 p.m. in the County Commissioners; Hearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chariman, Bob Ehrlich. Tape 189 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Present Paulette Weaver Present Stephen Hamilton Absent - Called in Bill McMurray Present Jack Holman Absent - Called in Louis Rademacher Absent - Called in Sharon Linhart Present Bob Ehrlich Present Also present: James Mayerl, Current Planner, Lee Morrison, Assistant County Attorney and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission meeting held on December 4, 1984, was approved as distributed. CASE NUMBER: Z-414:84: 15 APPLICANT: Martin Estates REQUEST: A Change of Zone from Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S1, Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10 APPEARANCE: Burl Van Buskirk, Realtor, represented the applicant. He stated the Martin Brothers own this land and it has been in the family for many years. They have been dryland farming this land, and now they want to subdivide this one hundred fifty-three acre parcel into twenty-three lots. It is just next to Martin Subdivision and north of Sunny Acres so it is compatible with the surrounding area. The lots will be served by well and individual septic systems. There will be no mobile homes allowed in the subdivision. There are no rural large-lot agricultural subdivisions in the Fort Lupton area other than Aristocrat Ranchettes so this type of subdivision is needed in this area. Summary of Weld County Planning Commission Meeting December 18, 1984 Page 2 There are several other subdivisions in this area, but they are not large lot subdivisions. Farmers Reservoir has the equivalent of three lots in the proposed -subdivision. They have not used the area for over twenty years. When he researched the Farmer's -Resrevior and Irrigation Company he thought they had sold the land, but they could find no record of transaction. The Fort Lupton School District, and Soil Conservation have no objections to this request. Roads within the subdivision will be maintained by the developers. Lee Morrison explained a subdivision must be served by public water and sewer. A Planned Unit Development must be unique. Mr. Van Buskirk reported the State Division of Water Resources has determined that the wells for this project would be in the Fox Hills Aquafer and would be six or eight hundred feet deep. Jim Mayerl stated the Division of Water Resources has stated the wells would need to be eight hundred to one thousand one hundred feet deep. Tape 189 — Side 2 Lee Morrison inquired if any percolation tests have been run in the area. If engineered septic system were to be needed there is a limit to how many there could be in the subdivision. The Chairman called for discussion from the members of the audience. Richard Donahue property owned in Martin Subdivision, stated he has a deep well and has not had a lot of problems, but some of the people in the area with shallow wells have had to redrill their wells or put in new wells. The septic tanks work well for a few years and then they fill up -with sand and have to pumped out. The roads in this area are really bad. Tom Meyers, property owner, Martin Subdivision, reported he had his well go dry because he was trying to water his horse and lawn. He finally had to put in a new well that is over eight hundred feet deep at a cost of approximately nine thousand dollars. His septic tank is a problem. He installed a septic tank that was three times larger than the size required, but the sand gets into it and he has to have it pumped out. The reads in the area are terrible. They see a snowplow or road grader about once a year. Pam Spies, property owner, Martin Subdivision, stated their home was suppose to be quality construction, but it is put together very shoddily. They had a shallow well and the water was not fit for human consumption. Whenever they drank the water they became ill. It also runied their appliances and they had to haul water for six years. Their first well was sixty feet deep and they have now put in a new well that is eighty feet deep. The water is not good, but at least it doesn't make them sick. Summary of the Weld County Planning Commission Meeting December 18, 1984 Page 3 Dayle Jackson, property owner, Martin Subdivision, spoke on erosion problems in the area, and the roads are atrocious. Lee Ann Jackson, property owner, Martin Subdivision, spoke on the dust problems in the area and they have about two feet of sand that has blown on their land. They do not want a lot of neighbors. They bought in this area because they wanted a country atmosphere. Mrs. Jackson presented a petition which was signed by the residents of the area that are against this proposal. The petition wasretained as evidence. Burl Van Buskirk stated as a realtor he has many requests for five acre lots. To deny this application would be a mistake. The Chairman asked James Mayerl to read the recommendation of the Department of Planning Services staff, which is for denial, into the record. Burl Van buskirk felt that to require public water and sewer in a rural subdivision was defeating the purpose of a rural subdivision. He asked the Planning Commission to recommend approval of this request to the Board of County Commissioners. MOTION: Paulette Weaver moved Case Number Z-414:84: 15 for Martin Estates for a Change of Zone from Agricultural to Planned Unit Developemtn be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendations of the Department of Planning Services staff and because this proposal does not meet the requirements it has been presented to us under and we see some real significant problems with it. While it may be contigious to existing subdivisions these are subdivisions preexisting to the Comprehanesive Plan and because of this they cannot be expected to meet the same requirements that a new subdivision would be expected to. The Chairman called for discussion from the members of the Planning Commission. The Planning Commission members discussed the sandy soil conditions in area and the need for soil erosion plans. The cost of drilling deep well for each lot was also discussed. Summary of the Weld County Planning Commission Meeting December 18, 1984 Page 4 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill McMurray - No, because he feels this would be a good place for such a subdivsion and a subdivsion of this type is needed in this area. Pauletter Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried with five voting for the motion and one voting against the motion. The meetingwas adjourned at 3:45 p.m. Respectfully submitted, Bobbie Good Secretary BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date: December 18, 1984 Moved by Paulette Weaver that the following resolutilat t1@1 ''?' tt$'Ett'iSim for passage by the Weld County Planning Commission. B 7rGeri'b7j'fFi2r d County Planning Commission that the application for: CASE NUMBER: Z-414:84: 15 DEC 2 1 1984 i/. 1Oa , NAME: Martin EstatesREELEr. coLo. REQUEST: Change of Zone from Agricultural Zone District to Planned Unit.. Development Zone District LEGAL DESCRIPTION: Part of the S1 , Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately three (3) miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10. be recommended unfavorably to the Board of County Commissioners for the following reasons: This proposal does not meet the requirements it has been presented to us under and we see some real significant problems with it. While it may be contigious to existing subdivisions these are subdivisions preexsiting to the comprehensive plan and because of this they cannot be expected to meet the same requirements that a new subdivision would be expected to. The applicants are proposing a one hundred twenty-three (123) acre subdivision. The proposal is for twenty-three (23) lots with the average lot size being approximately five (5) acres. The applicants propose to use individual wells and septic systems on each lot for water and sewage disposal. No common open-space is provided throughout the subdivision. The applicants have failed to demonstrate in written application materials or oral statements made prior to this meeting that: 1. The proposal is consistent with the Weld County Comprehensive Plan's Residential Growth Policies. The following residential-type growth policies as listed on pages 59 and 60 of the County Comprehensive Plan apply to this proposal: (1.) "New residential developments which are not closely connected to and served by municipal utilities and services shall be discouraged. Z-414:84: 15 Martin Estate December 18, 1984 Page 2 (2.) Proposals for new residential development adjoining existing municipalities shall be encouraged so long as they conform to the desires of the towns as expressed in their comprehensive plans. (3.) Existing municipalities are the best and most efficient sources of public goods and services which are necessary to serve new residential developments. These municipalities will will be encouraged to improve their ability to serve new developments and will be looked to for service of all new developments within their corporate areas, in annexable areas immediately adjacent to the town and even those areas not immediately available for annexation, but within a reasonable service distance from the municipality." The -subject area is located outside of any future town growth area as shown on the Weld County Future Land-Use Map and and will not be served by municipal utilities. The proposal, therefore, does not comply with the foregoing Residential Growth Policies of the Comprehensive Plan. 2. The uses which would be allowed on the subjected property will. conform to the performance standards of the Planned Unit Development District contained in Section 35.3 of this Ordinance. 3. The uses which would be permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the comprehensive plan or master plans of affected municipalities. - The location of the proposed district is shown on the Weld County Future Land-Use Map as a location that is intended to remain rural in nature because the subject location is outside of any future town growth area. - The Planned Unit Development proposed does not offer any uniqueness in the uses proposed or in its design that would make the location of the Planned Unit Development outside of a future town growth area imperative. Z-414:84: 15 Martin Estates December 18, 1984 Page 3 The intent of a Planned Unit Development District is explained in Section 35. 1 of the Weld County Zoning Ordinance. Section 35. 1 states that the Planned Unit Development District is intended to allow an alternative means for property owners to apply flexibility in developing their land which may not be possible under normal application of the Weld County Zoning Ordinance and Subdivision Regulations. The objectives of the PUD (Planned Unit Development) District are to: encourage flexibility and variety in the development of land to promote its most appropriate use; improve design, character, and quality of new development; facilitate the adequate and economical provision of public and private services; preserve the natural and scenic features of the development area; encourage an integrated planning approach; and ensure compatibility with Weld County's Comprehensive Plan and Subdivision Regulations. The application materials do not include plans for open-space and do not demonstrate or explain why this proposal could not be located in a future town growth area and processed under the normal application process of the Zoning Ordinance and Subdivision Regulations. The application materials appear to utilize the Planned Unit Development application process to avoid the requirements of the Weld County Zoning Ordinance and Subdivision Regulations. Specifically, districts that: are zoned R-1 (Low Density -Residential) are required to he connected to and served by public water and sewer systems. Whereas, a Planned Unit Development District requires that the applicant demonstrate that only adequate water and sewer are available to serve the uses proposed in the district. The use proposed by the applicants is single family homes. Ordinarily, this type of use is located in the R-1 (Low Density Residential) zone district. However, the applicants cannot meet the requirements for water and sewer in the R-1 (Low Density Residential) District and are proposing a well and septic system on each lot. Therefore, it is the Planning Commission's opinion that the submitted application conflicts with Section 35. 1 of the Zoning Ordinance which states in part that, ". . .the PUD [Planned Unit Development] District i; not intended to he used to circumvent or distort policies and objectives of the Weld County Comprehensive Plan, the Zoning Ordinance, and the Subdivision Regulations. . ." Z-414:84 Martin Estates December 4, 1984 Page 4 Motion seconded by: Vote: For Passage Against Passage Paulette Weaver Bill McMurray Doug Graff Lydia Dunbar Sharon Linhart Bob Ehrlich The Chairman delcared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION FO COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 18, 1984, and recorded in Book No. IX of the proceedings o:: the said Planning Commission. Dated the 20th, day of December, 1984. Secretary \ ADDITIONAL COMMENTS Martin Estates Z-414:84: 15 1. In a letter dated September 17, 1984, the Department of Planning Services advised the applicants that the proposed application was not a true Planned Unit Development. At that time the staff advised the applicant that it could not support the Planned Unit Development as proposed. (See attached letter.) Date: December 18, 1984 CASE NUMBER: Z-414:84: 15 NAME: Martin Estates REQUEST: Change of Zone from Agricultural Zone District to Planned Unit Development Zone District LEGAL DESCRIPTION: Part of the 52, Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately three (3) miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The applicants are proposing a one hundred twenty-three (123) acre subdivision. The proposal is for twenty-three (23) lots with the average lot size being approximately five (5) acres. The applicants propose to use individual wells and septic systems on each lot for water and sewage disposal. No common open-space is provided throughout the subdivision. The applicants have failed to demonstrate in written application materials or oral statements made prior to this meeting that: 1. The proposal is consistent with the Weld County Comprehensive Pl_an's Residential Growth Policies. The following residential-type growth policies as listed on pages 59 and 60 of the County Comprehensive Plan apply to this proposal: (1.) "New residential developments which are not closely connected to and served my municipal utilities and services shall be discouraged. (2.) Proposals for new residential development adjoining existing municipalities shall be encouraged so long as they conform to the desires of the towns as expressed in their comprehensive plans. (3.) Existing municipalities are the best and most efficient sources of public goods and services which are necessary to serve new residential developments. These municipalities will be encouraged to improve their ability to serve new developments and will be looked to for service of all new developments within their corporate areas, in annexable areas immediately adjacent to the town and even those areas not immediately available for annexation, but within a reasonable service distance from the municipality." Z-414:84: 15 Martin Estate December 18, 1984 Page 2 The subject area is located outside of any future town growth area as shown on the Weld County Future Land-Use Map and and will not be served by municipal utilities. The proposal, therefore, does not comply with the foregoing Residential Growth Policies of the Comprehensive Plan. 2. The uses which would be allowed on the subjected property will conform to the performance standards of the Planned Unit Development District contained in Section 35.3 of this Ordinance. 3. The uses which would be permitted shall be compatible with the future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the comprehensive plan or master plans of affected municipalities. - The location of the proposed district is shown on the Weld County Future Land-Use Map as a location that is intended to remain rural in nature because the subject location is outside of any future town growth area. - The Planned Unit Development proposed does not offer any uniqueness in the uses proposed or in its design that would make the location of the Planned Unit Development outside of a future town growth area imperative. - The intent of a Planned Unit Development District is explained in Section 35. 1 of the Weld County Zoning Ordinance. Section 35. 1 states that the Planned Unit Development District is intended to allow an alternative means for property owners to apply flexibility in developing their land which may not be possible under normal application of the Weld County Zoning Ordinance and Subdivision Regulations. The objectives of the PUD (Planned Unit Development) District are to: encourage flexibility and variety in the development of land to promote its most appropriate use; improve design, character, and quality of new development; facilitate the adequate and economical provision of public and private services; preserve the natural and scenic features of the development area; encourage an integrated planning approach; and ensure compatibility Z-414:84: 15 Martin Estates December 18, 1984 Page 3 with Weld County' s Comprehensive Plan and Subdivision Regulations. The application materials do not include plans for open-space and do not demonstrate or explain why this proposal could not be located in a future town growth area and processed under the normal application process of the Zoning Ordinance and Subdivision Regulations. The application materials appear to utilize the Planned Unit Development application process to avoid the requirements of the Weld County Zoning Ordinance and Subdivision Regulations. Specifically, districts that are zoned R-1 (Low Density Residential) are required to be connected to and served by public water and sewer systems. Whereas, a Planned Unit Development District requires that the applicant demonstrate that only adequate water and sewer are available to serve the uses proposed in the district. The use proposed by the applicants is single family homes. Ordinarily, this type of use is located in the R-1 (Low Density Residential) zone district. However, the applicants cannot meet the requirements for water and sewer in the R-1 (Low Density Residential) District and are proposing a well and septic system on each lot. Therefore, it is the staff' s opinion that the submitted application conflicts with Section 35.1 of the Zoning Ordinance which states in part that, ". . .the PUD [Planned Unit Development] District is not intended to be used to circumvent or distort policies and objectives of the Weld County Comprehensive Plan, the Zoning Ordinance, and the Subdivision Regulations. . ." ADDITIONAL COMMENTS Martin Estates 7-414:84: 15 1. In a letter dated September 17, 1984, the Department of Planning Services advised the applicants that the proposed application was not a true Planned Unit Development. At that time the staff advised the applicant that it could not support the Planned Unit Development as proposed. (See attached letter.) Additional Comments Z-494:84:15 Martin Estates 1. The Department of Planning Services has concerns over the Dougan Reservoir located north and adjacent to the subdivision. The applicant has failed to furnish evidence that the Reservoir has in fact been abandoned. Farmers Reservoir and Irrigating Company has indicated in a telephone conversation dated December 17, 1984 that they have not abondoned their right to store water in the reservoir. The location of the Dougan Reservoir appears to impact Lots 13, 14 and 15 of the subdivision. OF'CO<p RICHARD D. LAMM FT . }a\p Governor v, O JERIS A. DANIELSON ,t eI n * State Engineer Y * 8766 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 � 1��5 y Denver, Colorado 80203 -JC -'j I1.1 cif f c E (303) 866-3581 IL EC 1/ 1984 December 14, 1984 L fold Co. Planning Commission Mr. Jim Mayerl Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Martin Estates S1/2, Sec. 12, TIN, R66W Dear Mr. Mayerl : We have reviewed the additional information for twenty three lots on 123 acres. A letter from John's Drilling indicates that there is some water at. 140 feet but it is very spotty, and that there is an abundance of water at 800 to 900 feet in the Fox Hills. Our analysis indicates the Laramie—Fox Hills exists at a depth from 800 to 1100 feet. We must stress these depths are estimated from general informa- tion for planning purposes only. The actual well depth of the formation may differ somewhat at the proposed well site locations. We would recommend that wells be constructed to the bottom of the Laramie-Fox Hills formation to assure a long-term reliable water supply. We also would comment that wells to this depth will be quite expensive. Well permits in the Laramie-Fox Hills formation in this subdivision would allow 1.1 acre-feet annual appropriation for the proposed lot sizes. This would be sufficient for 12,000 square feet of lawn and garden irrigation per lot, domestic animals on each lot, and household use for each lot. If approved, we recommend lot purchasers be given a copy of this recom- mendation letter. If the applicant is interested in another well arrangement, then we would ask to review this proposal again. Sincerely, ?d., � V' /A, Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/3967 cc: Jim Clark, Div. Eng. Steve Lautenschlager PANHANDLE EASTERN PIPE LINE COMPANY P. O. BOX 127 BRIGHTON, COLORADO 80601 December 12, 1984 t�l.l i�� :.i1(4y� Mr. James R. Mayerl J.�_!,1,"1 : , Current Planner ' ( �, Weld County Planning Commission g' 1 •- 7934 IJ 915 10th Street `L Greeley, Colorado 80631 'Vela Co. Planning Omission Dear Mr. Mayerl : Please accept this letter as reply to your 11/21/84 referral received in our office 12/10/84. Panhandle has one major concern and that involves the culdesac proposed on the west end of Arjie Street, which hubs the access to lots #2, #3, #4, and #5 of the Martin Brothers P.U.D. We do not have a problem with roads traversing parallel to us, provided a 10' area is maintained between the pipeline and extreme edge of the roadway. The drawing we received with reference file #12-1N6-30L illustrates the radius of the culdesac lying over the pipeline. Perhaps we could meet with the developer and,with a minor change, work out something which would be acceptable for both of us. Under the terms of our Right-of-Way Grant dated 12/18/79, recorded in book 900, Rec. 1821571, the following clause was incorporated: "Grantor to have the right to construct and maintain utility lines, streets, sidewalks, and driveways which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all underground utility lines cross under said pipe line. No paved or traveled portion of any street, side- walk, driveway, road, narking area, alley or curbing will be placed substantially paralled to and within ten feet of the pipe line. Also, Panhandle maintains a 50 foot wide right-of-way and will not allow any building within that easement area. In the event of a proposed crossing with a road or utility,notification of 48 hours is to be given to Panhandle so the line may be properly located to elim- inate accidents that can occur from foreign forces . Thank you very much for giving us the opportunity to respond to this referral , and if you have any further questions please do not hesitate to contact us. Very truly yours, Robert J. Clair Right-of-Way Supervisor RJC/gw HC\---, TA Z FOP C0UGAN RESERVOIR LA-) CO 12 ' :9-i 9C I 1 V x K + x x I A ¶ 90°0/�35�� 7 44°4708 10275 " N I 1 858.49' I • 93°32'25" I .I II i ' ----1I :3 /3 I ____\--_ -- II L I 55 I 99631(5' I 70 55' 88°2557{' ` \ I x II /4 -075-188-8" - - x-- 7"G AI,NED UNIT DEVELOPMENT) REZONING APPLICATION Case U: Dept. of Planning Services App. Ch'd By: Date Rec'd: 9i5 10th Street App. Fee: Receipt 1': Greeley, Colorado 80631 Record. Fee: Receipt #: • Phone: 356-4000, Hat. 4400 TO BE COMPLETED 11? APPLICANT. Please print or type, except for necessary signat-Lre. • • I (we) , the undersigned. hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: That part of the South one-half of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado lying Easterly of the Speer Canal; EXCEPT MARTIN SUBDIVISION and EXCEPT parcels (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE Agriculture PROPOSED ZONE P.U.D. TOTAL ACREAGE 123 + - OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Jim Martin dba Martin Bros. Home Telephone #: 857-4733 Address: 17576 Hwy 52 Bus. Telephone #: Fort Lupton, Colorado 80621 Name: John Martin dba Martin Bros. Home Telephone #: 857-2471 Address: 147 So. Denver Ave. Bus. Telephone #: Fort Lupton, Colorado 80621 Name: Home Telephone ll: Audress : Bus. Telephone U : Applicant or Authorized Agent (if different than above) : • SAME Home Telephone It: Name: Address: Bus. Telephone 1/: • Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor' s Office: Name: Martin Bros. Address: 147 So. Denver Ave. . Fort Lupton, Colo 80621 Name: Energy Minerals Corp. now known as Weeks Energy Minerals Corp. Address: 1000 Security Life Building, Denver, CO 80202 Name: Address: I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ---- - - --------- ----- COUNTY OF WELD ) ---STATE OF COLORADO ) ��`�2r-+�1� l/ lz r Signature: 1 Owner or Authorized Agent Sub,1.:ribed- a .dy warn .to before me this day of ��/ e-�• Ate• 1� SEAL, r. _ /• �^ /. �.9 �c ? ' MY Commission Expires March NOTARY PUBLIC/COQ 4, and , My CctriThA oti vamiires: 4, L„/ 7- � L�i1/2 RD23 RD 25 RD27 HD 2° RD31 RD33 RD35 RD37 RD39 RD41 RD43 RD45 RD47 RD49 RD 51 --ul 5 um rar ` t. ` a o. swi _ �r Ie�ro 19 000 20 BOO v1 om 22 000 23 COO 24 000 es COO RD 53 RD 55 •^� a->s i++fin-^ �6lUl 27 tl1Y E l l -�. P° n A• ,J C Y• 1 � r-if .N. lzx " yp a z• u .}hI,a Y if l A •0 n •� i P • a. d' ..y aszx*'- —i:--mil. (� t •4r / ry• •, • 16 �� J I —'--• • 1.r io r _ i Cl Y, N w I I' e Irr • Yi • ' A - k •. Y ` Y A - •i0 !I e1.,rn sY - -_ 11°`“..:r"•`'-‘ _ zi o Ie zz t: r _ 2 7 z� ,o xa as 17 xa zs w zr it ts n 'Y. 4 A u Y F `J( ax zz 1 .▪ •�\ • 1 I / i • ,• T 1\ i • to 'i t`.sa• 'attn:1ar4 • C ▪I T Th.-r _ � . — - — f/ • A . 1 •� . t _'_ • r• • r, ra n • • r I � p • • : I °eme.nr _ �n>:c� 1� 4 x 77 a za• ti az l t . ;33. II ef'----3 �Cs 1� —� �ehJ• �� a 1A ,1 -T. ",/ ite'� _ _— - - • • Thee.: 0.P �\ • • in r rar f , o-17-1/4-U cad d. • .I f , .A. .. v.es.° o,e • +n� •_- ._ -Y \27- Y- r,w, I ' " 1 .. . Jill l _. \. ,.. A 1 y...I , N ,.7 1 . 4 • •' er • • P f � • ▪•� w * ., i''.a-- _ ..—j.• • NaBN y / / ��- eY n '� f , . 7 'l I �� .. ,i 2. . 'V C d F 1 1 p4��or°'- A. •IJ_ n � • /r xz •. {I r' • Y ^. • 7 r, ° y, ' 'Y1 / X• ',..o. L . 4 el 5,11 ti l 1 nn•.nn_o_a 1, A� a ,2° Y • Y °p i � r to 2 `�a +°tva. ,.. sue}-e 'n=nca.n'�.-rte . t • �j� ( I l r rocpe / V 'v >. ' v 1'11 I ',NF •• � V 1 ll ,r I�x.+. °BASE \ ....:° . Ii /BRIGHTON\ �, , I f a 1 Y� \ '\ I -- c . t LINE c--- Y. f7 f • • ! 15) p 7 / r I Hu�J 11 .," 1• Y'•" 11'•44.• . F7- F)',.' i 4O Y / �)• 2 i��t= f \ I -vf —fit�, �/� •▪ 7J// / YJy('� r �\�t tlT l l A it I __. • ' F ,ILL •r. (� . , t V + irz w' . to wr • I' 1 1 • �olx J . y,W. (''sr. �1- I° �� a • 1 1:, ti : / or o 1 : .11:1,. II 1.7 .--,--.-- I'... ,tV APPLICATION REQUIREMENTS 1. Application----Attached 2. Deed or evidence of ownership--Attached 3. List of owners within 500 feet---Attached 4. Certified list of names of Mineral owners---Attached 5. The subject property adjoins the Martin Subdivision and this development will basically be an extension of that subdivision. It also adjoins the Sunny Acres Subdivision and will be very similar in nature to Sunny Acres. 6. The use of the subject property will be consistant with the surrounding area. Most of the area along the west side of Weld County Road 37 is used as 1 to S acre home sites. 7. A copy of a letter from a water well driller, Lloyd John, John's Drilling who has drilled several wells in the subject vicinity, states that there is an abundance of water in the Fox Hills Sands. A study of the soil survey does not indicate any problem for a septic system. The Environmental Health Director, Wes Potter, has been consulted and he sees no problem for septic systems. A copy of his referral letter signed and dated September 6, 1984 is attached. 8. A copy of the Soil Survey prepared by the USDA Soil Conservation Service is attached. 9. The Access to the property will be on Weld County Road 37, a county maintained asphalt road, which is usually a good road. Also access will be from Weld County Road 10. The interior roads will be installed by the developers and shall be maintained by the developers until 511 of the lots are sold, at which time the developers shall donate to the P.U.D. Association members a road grader for the associations use in maintaining the roads. The developers already own said road grader. 10. After talking to various Well Drillers who work in the area of the subject property and from looking at well logs, it is determined that there is a thin layer of coal in the general area usually about two hundred feet or deeper. It is not of a quanity or grade to make it worth mining. There is no evidence of sand or gravel of quanity or quality to be worth extracting. 11. The subject property is not in an Overlay District Area as identified by maps officially adopted by Weld County. • MAR 1 9 1976 .... Itamrd.d et-.1 _.iL<\_:'.'.Y.___ .. - ..... ._..._.. • l W nnntt J10.geroptinto. . 16N3..a77._ Ten DEY.D. Yea. this 2nd Is; of January. it 76 •I b noon LW:I1. L. MAItTIII, a/1:/a 1.1u:1L I1/,d'1'I.l • I I I ate r` II County of Wo ld and Meth of Colorado,of tee eta part,W : . zLI wwruLIlS 4l:prtnershipi• Wld mil Math.4 N it Colorado,of to • , wend pert: • it WImi98CEY,That to said pan y d W first pert.for sad to conditionals of taw.f it other valuable consideration and Ten and 00/100 vDOLLARR • t- I to the said pan y of the first part la hand pad by s Pat t boa of Wesd se part.W nspl whored le hereby ronf....d sad atknowlodr.d, he a granted,berg mined.told end conveyed,AM by them prawn does (Mat.bargain,sail,convey and confirm, ante the said part Sella the wood Part. !hire W assigns fen Ili over,di the following daernbed lot or parcel of lend,situate,triad and brag la the I! County of held and State of Colorado, to wit: t:. d (see attached legal description attached '•' huruto ano by reference p:ade a part hereof.) tic a. I'I I • TOGETHER with LH sad slander Wm iseredltairreate sal appurWaaae Wrote b. aglag. e a menthe eppatoialmg, and the remotes ad reversions,nmelda and remainders,nate,Lessee sad pnflta threat,sad 'I the estate,right,title,intend,aloha sad demand whew:aver of the said part y of the lint pet,sitar la law or equity,of,In and to the above bargained premises,with the hsr.dltomaato sd appurteaarea. TO HAVE AND TO HOLD the said premises shove bargained sad described with the appurtenances,unto the said port y of the second part, the Tyro and mains forever.AM the said party of the flnt put, for her self ho r help,&Tauten,and sdmlNatmmn,do es covenant.graal,batten.and an.o to sod II with ths add port ies of the second pan, hairs end manna,that at the time of to enemata'said delivery of those presents, was well oohed of the premises than conveyed,se of good,lure,Perfect,eb.elute td lad.f.ulble estate of Inhenux.,to la.,to foe ample and e g good right,full power and lawful authority 'l1 to root,bargain,mall and rem;the same In manner and form as aforesaid,and that the sun.en free snd clear from all former and other grans,bargains,ales,liens, tans,sase..mento and encumbrances of whatever kind or natw..o.v.r. except reservations, exceptions and covenants of record. sad the shove bargained atomised la this quiet end parable poa.etlm of W said Mgt ies d Pea sacood pert, their Min end eeaigta mgeios%all end every person or peree lawfully clolmtag or to d ela the whole or any port thereof,the said port y of the ant pan shell sad will WARRANT AND FOREVER DEFEND. LN WITNESS WHEREOF,to aid con y of the first pat he B lusunto mot her bad ad seal the day and yea first Wove cony. • ._ Lt‘j. ..`..1...4h ti_.c:.a....(SRAL) Argie t. Martin '.I STATE or COLORADO. L. a/k/a Aritlie Martin Ceuatld Weld ' The foregoing lastn,m.nt we.aknesi.dg.d before we this 2nd tied January • :9 76 .M,•,rn is L. Martin, 0 Arq is Martin iss l _ -Rt r"':Ir.nown martin, 30, tip 76 •Nt / 4dAdJ...L G't, ..•�. w r. ! d • Naar,NY. !. J Sts L, ..firm rl era, r+M1.e.eaerw. ..geed waara y Lassa r oar.*sem. _e.t. ;1W' 1/4 and S 1/2 0.• Section 12, Township 1 North, Range ' ' 66 West of 6th P.M., Weld County, Colorado, except the following parcels: 1. All of MARTIN SUBDIVISION, a subdivision in Section 12, Township 1 :forth, Range 46 West of the 6th P.M., Weld County, Colorado. 2. Deed to Thomas L. Pennetta and Olivia Pennetta, re- corded February 18, 1972, in Book 662, Reception No. 1364043 of the Weld County Clerk andRecorder's Office. 3. Loud to Glen E. Nelson and Vicki L. Nelson, recorded February 13, 1973, in Book 685, Reception No. 1607198 of the Weld County Records. 4. Deed to Martin Brothers, recorded December 9, 1971, in Look 658, Reception No. 1579931 of the Weld Ir County Records. 5. Deed to Richard Michael Donahue and Elizabeth A. Donahue, recorded January 23, 1974, in book 707, Reception No. 1628894, of the Weld CountyRecords. `r • MEMORANDUM DESCRIPTION : The SE; of Section 12, in Township 1 North, of Range 66 West of the 6th P.M. , Weld County, Colorado. Except the Dougan Reservoir as conveyed by instruments recorded in Book 406 at Page 282 , in Book .417 at Page 254 and in Book 753 at Page 48 , Weld County Records. Except the Speer Canal. Except Martin Subdivision, r a subdivision of Weld County, Colorado, as platted by Map recorded October 8 , 1969 in Book 616 as Reception No. 1537818, Weld County Records . Except parcel as conveyed by instrument recorded in Book 686 as Reception No. 1607198 , Weld County Records . Except parcels as conveyed by instruments recorded in Book 707 as Reception Nos. 1628893 and 1628894 , Weld County Records . Except parcels as con- veyed by instrument recorded in Book 735 as Reception No. 1656820, Weld County Records . Except rights of way as reserved in Deed recorded in Book 278 at Page 516, Weld County Records . EXCEPT Right of way as conveyed in Book 900, as Reception No. 7 1821571 , Weld County Records. GRANTEES IN LAST INSTRUMENT OF RECORD TRANSFERING TITLE: MARTIN BROTHERS , a partnership, acquired from Argie E. Martin, a/k/a Argie Martin by virtue of Warranty Deed dated Janaury 2, 1976 and recorded March 19 , 1976 in Book 762 as Reception No. 1683877 , Weld County Records . • • ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS. MINERAL RESERVATIONS OF RECORD: NONE. MINERAL CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Martin Brothers, a Partnerhsip, as Lessors, and Energy Minerals Corporation, now known as Weeks Energy Minerals Corporation, as Lessee, for a primary term of three years, dated June 15 , 1982 , and recorded July 6, 1982 , in Book 971, as Reception No. 1896560, Weld County Records. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS, IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamercia Title Insurance Company is hereby limited to the amount of fee paid for this statement. Dated this 9th day of November, 1984 at 7 : 45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY fl BY 1 '.�CX 50017,2 �XL�1�<ze�r A%THORIZED SIGNATURE POWER ( P ATTORNEY KNOW ALL MEN U1' THESE ['RESENTS, that I , John Martin i (name) , the undersigned, of 147 So. Denver Ave. _ Fort Luptoria_CO80621 —_(address) , County of _ Weld State of Colorado ---- here- by constitute, make and appoint Burl Van Buskirk — _ (name) , of 140 Denver Ave. — I Fort Lupton, CO 80621 (address) , County of Weld i , State of Colorado my true and lawful attorney- } in- fact , Lor the following purpose : F To represent me in the matter of the foregoing attached 1 application for a p.U.D. Rezoning - Martin Estates (variance, recorded exemption, etc. ) , in regard to and only E in regard to the particular property described in said ap- plication, before the Board of County Commissioners ( Board of County Co:::missioners , Board of Adjustment , etc. ) and to present evidence on MV behalf before said Board. • j.2Subscribed and sworn to before me this / day of 4.4.0e_21_.&_____, i 9_Re a A...g.igt__ lay Car,R,,.:Lr ExRuos Marcf ,. Notary P lic a My commission expires : f 9 _./9'K7 70 j��.G/�J.u[��_G/f= u.Pr p7�1� , ' 7`7`- (.0,01447 (4)o, r • 804-79-012 • Planned Unit Development Change of Zone AFI'TDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Martin Estates, P.U.D. STATE OP COLORADO ) ss. COUNTY OF -WELD TAE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the .:cld County Assessor of the owners of property (the surface estate) -within rive huner, d (900) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the applicationsubmission date. lii Burl Van Buskirk �A' T' �e foregoing instrument was subscribed and sworn to before me this /S day , 19r/by. :cy hand and official seal. My Commission Expires March 4, 1987 Cnmmi -.• i ir0 .. . Notary Public 6i2 /V° ) r "/ • • 1 NAMES OF OWNERS OF PROPERTY WITHIN 100 FEET Assessor's Parcel Identification 4 Name Address 1471-12-4-01-001 Pfannebecker, Philip t. & Carol J. 4122 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-002 Comer, J.B. & Carol J. 4092 Sunrise Lane Fort Lupton, Colorado 80621 1471-12-4-01-003 Russell, Ronald M. 6 Dorothy L. 4062 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-004 Russell, Ronald M. & Dorothy L. 4062 Sunrise Lane Brighton, Colorado 80601 1471-12-4-01-005 Miller, Richard E. & Barbara L. 17960 WCR #10 Brighton, Colorado 80601 1471-12-4-01-006 Nolan, James Allen & NancyAnne tKassler & Company P.O. Box 2450 Denver, Colorado 80202 1471-12-4-01-007 Adams, William D. 6 Dora Ann 4093 WCR #37 Brighton, Colorado 80601 1471-12-4-01-008 Jackson, Dayle L. & Lee Ann 4123 WCR #37 Brighton, Colorado 80601 1471-12-4-02-001 Romero, Mike A. & Margaret I. 4120 Martin St. Brighton, Colorado 80601 1471-12-4-02-002 Meyers, Thomas M. & Patricia A. Rt. 1, 4080 Martin St. Brighton, Colorado 80601 1471-12-4-02-003 Van Deveren, Glen & Virginia R. 17835 WCR #10 Brighton, Colorado 80601 1471-12-4-02-006 bowler, Lester 0. & Charlotte A. 4061 Sunrise Lane Brighton, Colorado 80601 1471-12-4-02-007 Owens, Wilburn D. & Yvonne E. 4091 Sunrise Lane Brighton, Colorado 80601 1471-12-4-02-008 Spies, Larry F. & Pamela K. 4121 Sunrise Lane Brighton, Colorado 80601 1471-12-4-00-008 Donahue, Richard M. & Elizabeth A. 4119 Martin St, Brighton, Colorado 80601 1471-12-4-00-009 Diller, Dennis J. & Laura M. 17765 WCR #10 Brighton, Colorado 80601 1471-12-4-00-006 Grimes, Harold & Neva 17605 WCR #10 Fort Lupton, Colorado 80621 1471-12-4-00-002 Donahue, Richard M. & Elizabeth A. 4119 Martin St. Brighton, Colorado 80601 1471-12-0-00-040 Maguire, Carl L. & Iva M. 4753 WCR #37 Fort Lupton, Colorado 80621 1471-12-0-00-008 Anderson, Harold D. & Theodosia A. 2851 Birch Denver, Colorado 80207 1471-12-0-00-007 Ianelli, Joseph G. & Shirley J. 3915 Whitman St. Denver, Colorado 80212 Page 2 NAMES OF OWNERS OF PROPERTY WITHIN 100 FEET Assessor' s Parcel Identification # Name Address 1471-12-0-00-030 Martin Brothers 604 1st St. Fort Lupton, Colorado 80621 1471-13-0-00-004 Pilkington, Beatrice Doyle 25 Cherry St. Denver, Colorado 80220 1471-13-1-02-001 Addy, Duane A. & Betsy S. 3995 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-02-002 Carson, Robert Smith & Carrie Esther & Calhoun, Rick A. & Judy K. 3965 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-01-001 Powell, Gerald W. 3996 Cottonwood Lane Brighton, Colorado 80601 1471-13-1-01-002 Gil, Leroy L. & Sharon M. 3966 Cottonwood Lane Brighton, Colorado 80601 1473-07-0-00-005 Steward, Dan C. & Jo Ann 4154 WCR #37 Brighton, Colorado 80601 • I-, I I I I I I I I I I I I I I I I I IV � Ir NJ C' NJ to NJ IT NJ NJ Ir ON 0' NJ 0 CD N N N NJ N N NJ N N N N N N N N) N N) CD 111111111111 11111 .5 O O O O O O O O O O 0 O O O O O O 3 J J C' 0' T ON 0' a` D` O` Is V• In In r r -N- UJ 0 In Ln r r F W W N) In NJ 0 0 •O _•O 0 In •O In Vn F W N N In W In •0 •0 V J O R N) O — '0 0 J F CO 0 CO W r-• In Cn In In L 0 7k W N OD to LO 0 F •O r r r r CO V Z £ £ xl C 3 U > Z = .O .O N = d 3 O w w C C `< 0 0. 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In D) R I I 1 I I I I I I I I I I I I I �1 _ J J V V J J J V V J V J r F W F r F W N W N VI OJ in O 'J T n R 0-C o 0 In In In In lP U U In D` In W In In In O 0, N v 0 c> a o S N I-) J W N �O fD J C• O• J O F CO ON 0, O, p .O Ln J O) J ,CD O N J O Q O O W J O V• F CO Ln ] LnPO N R CD a rn O T_ 0 F.. Vi N N fi R W N W W In n 0.) In J In O• O O W W Q F N (. 0 fD �1 < 0 3 0 ON C 1 a £ W N CD John' s Drilling Rt. 1-Box 640 Golden, CO . 80403 14 November 1984 Weld County Planning Commission Greeley, CO . 80631 We have been asked to inform you of water wells we have drilled in the area of township 1 ; sections 12 & 13. There has been an abundance of water in the Fox Hill Sands at 800-900' There has been some water at 140' but it has been very spotty. If you need further information please contact Lloyd John at the above address or call ;423-5246. Sincerely , Vi ` (!J ''.��i%; ,v\ j� k1,I Lfor Lloyd John a� j S SERVICE \ , P ig P.`.i-I�:Trir llVl`. .Jr SERVICES eippiJ I'IIUnL tU3i JSI,-7000 EX T. Qnl I�\ � 91510TH STREET GREELEY COLORADO 80631 ({rte, •i LSO Ca. i'Ilulln Ii !'.0tI1SSFUI, 4c ® CASE NUMBER S-238:8::10 as, • rte, �j COLOR A J O August 21, 1984 REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Joim Martin for a Sketch Plan for "Martin Estates" • The parcel of land is described as part of the 51/2, Section 12, T1N, R66W of the 6th P,^f. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is three (3) miles southeast of Fort Lupton; west of Weld County _toad 37 • This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this recuest would be appreciated . Your prompt: reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recoup endations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by September 6, 1984, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter . 1. We have reviewed the proposal and find no conflicts with our ttt interests . 2 . A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter . Signed eire" Agency tlec41-244 9c4-t- 4Date 9 'li-�� 9(9 '771 /1":60's R. Mayerl, CurrgntV Planner soil survey of Weld County, Colorado Southern Port United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station I 72 %. `J ,-4 70 73 72 73 2 70 1v .r.,• 6 C 72 72 r . 73 69 \ . 70 .. 44 - as .m. 73 44 70 73 69 t 70 69 73 70 70 70 70 72 72 72 69 70 45 44 1/\\ 69 —I 69 69 73 70J6 44 72 , f . }T 45 70 72 V.4 .' 70 '� i2 ., {.• . 2 ? 73 44 73 45 G•- . ,t4...14, 70 44 µ 11 44 %, , - 7- M 70 74 9 ,- 43 i f '� +� J0 ---44 72 'd 7 7 69 1'atj. ax'> s.'12` 4)4'1 72 .i 70 i 44 ' 44' r I 72 14 70 70 ¢N e c'T..agi72 73 70 70 70 44 70 69 72 ; .73 .i. > a 69 ,i.e J M _ j�y I*';'4a �;I/ a�g1�w�, 4ti3 70 72 70 72 W I Rd%rd�df a72`69us 69 1470 69 72 , 1 a.r. v-A'r a 69 , 72 72 c, 73? 'X T9 . • 69 72 70 f 76uP 72 ' 70 pa2 E:hw s .69 70 i 70 72 � -f 47 � 4 as ilomith . - 70 4H x, �L 4f Ic 72 v v +si+',: ` >> 4i 7$� . \�('6 a ` lr V 39 77 • v Alt .. x Te 73 v _ r a .!i4wF .• 72 69 23 ' r', t 76 ✓ ..,.73 , 75 'F 72 ' g,.. a 39Y Li 72 _ ��rE6 w t 47 69 v 70 72 v 76 44 72 �^ 4 I a p 725 S3 46 q _ .y 47 s `.-. 47 I \ . t 77 s Al • 80 S01L SUItVEY Permeability is moderately slow. Available water In irrigated areas this soil is suited to the crops corn- capacity is high. The effective rooting depth is 60 inches monly grown in the area. Perennial grasses and alfalfa or or more. Surface runoff is slow,-and the erosion hazard is close grown crops should be grown at the time. Contour ditches andleast percent corrugations can be tow. used in lo In irrigated areas this soil is suited to the crops com- irrigating crops and pasture. Furrows, contour furrows, monly grown in the area. Perennial grasses and alfalfa or and cross slope furrows are suitable for row crops. Sprin- close grown crops should be grown at least 50 percent of kler irrigation is also desirable. Keeping tillage to a the time. Contour ditches-and corrugations can be used in minimum and utilizing crop residue help to control ero- irrigating close grown crops and pasture. Furrows, con- sion. Maintaining fertility is important. Crops respond to tour furrows, and cross slope furrows are suitable for row applications of phosphorus and nitrogen. crops. Sprinkler irrigation is also desirable. Keeping til- In nonirrigated areas this soil is suited to winter wheat, lage to a minimum and utilizing crop residue help to con- barley, and sorghum. Most of the the acreage is planted trol erosion. Maintaining fertility is important. Crops to winter wheat. The predicted average yield is 20 respond to applications of phosphorus and nitrogen. bushels per acre. The soil is usually summer fallowed in In nonirrigated areas this soil is suited to winter wheat, alternate years to allow moisture accumulation. Generally barley, and sorghum. Most of the acreage is planted to precipitation is too low for beneficial use of fertilizer. winter wheat. The predicted average yield is 28 bushels Stubble mulch farming, striperopping, and minimum til- per acre. The soil is summer fallowed in alternate years lage are needed to control soil blowing and water erosion. to allow moisture accumulation. Generally precipitation is Terracing also may be needed to control water erosion. too low for beneficial use of fertilizer. The potential native vegetation on this range -site is Stubble mulch farming, striperopping, and minimum til- dominated by sand bluestem, sand reedgrass, and blue lage are needed to control soil blowing. grama. Needleandthread, switchgrass, sideoats grams, Windbreaks and environmental plantings are generally and western wheatgrass are also prominent. Potential suited to this soil. Soil blowing, the principal hazard in production ranges from 2,200 pounds perr-acre in favora- establishing trees and shrubs, can be controlled by col- ble years to 1,800 pounds in unfavorable years. As range tivating only in the tree row and by -leaving a strip of condition deteriorates, the sand bluestem, sand reedgrass, vegetation between the rows. Supplemental irrigation and switchgrass decrease and blue grams, sand dropseed, may be needed at the time of planting and during dry and sand sage increase. Annual weeds and grasses invade periods. Trees that are best suited and have good survival the site as range condition becomes poorer. are Rocky Mountain juniper, eastern redcedar, ponderosa Management-of vegetation on this soil should be based pine, best sn elm, Russian-olive, and hackberry. The on taking half and leaving half of the total annual produc- shrubs best suited are skunkbush sumac, lilac, and Siberi- lion. Seeding is desirable if the range is in poor condition. an-peas h rub. Sand bluestem, sand reedgrass, switchgrass, sideoats Wildlife is an important secondary use of this soil. grama, blue grama, pubescent wheatgrass, and crested Ring-necked -pheasant, mourning dove, and many non- wheatgrass are suitable for seeding. The grass selected game species can be attracted by establishing areas for should meet the seasonal requirements of livestock. It can nesting and escape cover. For pheasants, undisturbed be seeded into a clean, firm sorghum stubble, or it can be nesting cover is essential and should be included in plans drilled into a firm prepared seedbed. Seeding early in for habitat development, especially in areas of intensive spring has proven most successful. agriculture. Windbreaks and environmental plantings are generally Few -areas -of this Nunn soil are in major growth and suited to this soil. Soil blowing, the principal hazard in urbanized centers. The sandy surface layer, the moderate shrink-swell potential in the subsoil, and the hazard of establishing trees and shrubs, can be controlled by cul- rare flooding along Box Elder Creek are the chief limit- tivating only in the tree row and by leaving a strip of ing features for development. Capability subclass IIle ir- vegetation between the rows. Supplemental irrigation rigated, I Ve nonirrigated. may be needed at the-time of planting and during dry -1.1—Olney loamy sand, 1 to 3 percent slopes. This is a periods. Trees that are best suited and have good survival deep, well drained soil on smooth plains at elevations of are Rocky Mountain juniper, eastern redcedar, ponderosa 41i0t) to 6,2011 feet_ It formed in mixed outwash deposits. Pine, Siberian elm, Russian-olive, -and hackberry. The Included in mapping are some small leveled areas. shrubs best suited are skunkbush sumac,-lilac,-and Siberi- Typically the surface layer is grayish brown loamy sand an peashrub. about 9 inches thick. The subsoil is yellowish brown and Wildlife is an important secondary use of this soil. The 1 very pale brown sandy clay loam about 15 inches thick. cropland areas provide favorable habitat for ring-necked The substratum to a depth of' 60 •inches is very pale pheasant-and mourning dove. Many nongame species can A brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape l Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop " more. Surface runoff is slow, and the erosion hazard is mentwildlife,especially in orexampleof intensive the pronghorn agriculture. Range- land ntelope, can be s' low. WELD COUNTY, COLOL Permeability is rapid. Available water capacity is low. range condition deteriorates, the sand bluestem, The effective rooting depth is 60 inches or more. Surface switchgrass, sand reedgrass, sideoats grama, and little runoff is medium, and the erosion hazard is moderate. bluestem decrease, forage production drops, •and sand The potential native vegetation is dominated by little sage increases. Undesirable weeds and annuals invade bluestem, sideoats grama, sand reedgrass, blue grama, and "blowout" conditions can occur as range condition harry grama, switchgrass, and need leandth read. Potential becomes poorer. production ranges from 700 pounds per acre in favorable Management of vegetation on this soil should be based years to 200 pounds in unfavorable years. As range condi- on taking half and leaving half of the total-annual produc- tion deteriorates, the tall-and mid grasses decrease, blue lion. Seeding is desirable if the range is in poor condition. grarna and hairy grama increase, and forage production Sand bluestem, sand reedgrass, indiangrass, switchgrass, drops sideoats grama, little bluestem, and blue grama are suita- Management of vegetation should he based on taking ble for seeding. Because this soil is susceptible to .soil hall or less of the total annual production. Deferred graz- blowing, it should he seeded using an interseeder, or the rig is practical in improving range condition. Seeding and seed should be drilled into a firm, clean sorghum-stubble. ' mechanical treatment are impractical. Seeding early in spring has proven most successful. Brush Windbreaks and environmental plantings generally are management also can help in improving deteriorated not suited to these soils. Onsite investigation is needed to range. determine if plantings are feasible. Windbreaks and environmental plantings are fairly well Wildlife populations:are limited because the necessary suited to this soil. Blowing sand and the moderate avails- habitat elements are lacking. Because most of the acreage ble water capacity are the principal hazards in establish- is rangeland, only rangeland wildlife, for example scaled ing trees and shrubs. The soil is so-loose that trees should • quail and antelope, are typical. Extreme care is needed in be planted in shallow furrows, maintaining vegetation managing livestock grazing in order to provide suitable between the rows. Supplemental irrigation is needed to habitat on these soils. insure survival. Trees that are best suited and have good Potential is poor for urban and recreational develop- .survival are Rocky Mountain juniper, eastern redcedar, meat. The chief limiting soil features are the loose, coarse ponderosa pine, and Sioenan elm. The shrubs hest suited textured soil, steep slopes, and rapid permeability. Capa- .are ssunkhush sumac, lilac, and Siberian peashrub. May subclass VI Is irrigated, VI Is nonirrigated; Gravel Wildlife is an important secondary use of this soil. The Breaks range site. cropland areas provide favorable habitat for ring-necked ,69--Valent-Hand, 0 to 3 percent slopes. This is a deep, pheasant and mourning dove. Many nongame species can excessively drained soil on plains•at elevations of 4,6W) to he attracted by establishing areas for nesting and escape 5,104) feet. It formed in eolian deposits. Included in cover. For pheasants, undisturbed nesting cover is-essen- mapping are small areas of soils that have lime within a tial and should be included in pans for habitat develop- depth of 40 inches. ment, especially in areas of intensive agriculture. Range- Typically the surface layer is brown sand about 8 land wildlife, for example, the pronghorn antelope, can be inches thick. The underlying material to a depth of 60 attracted by developing livestock watering facilities, inches is brown sand. managing livestock grazing, and reseeding where needed. permeability is rapid. Available water capacity is This soil has fair potential for urban development. The moderate. The effective rooting depth is 60 inches or primary limiting soil features are the rapid permeability more. Surface runoff is slow, and the erosion hazard is and the susceptibility to soil blowing. Septic tank absorp- low. Lion fields function properly, but in places the sandy sub- This soil is suited to limited cropping. Intensive stratum does not properly filter the leachate. Sewage cropping is hazardous because of erosion. The cropping lagoons must be sealed. Once established, the lawns, system should be limited to such close grown-crops as al- shrubs, and trees grow well. Capability subclass IVe ir- falfa, wheat, and barley. The soil also is suited to ir- rigated, Vie nonirrigated; Deep Sand range site. rigated pasture. A suitable cropping system is 3 to 4 70--Valent sand, 3 to 9 percent slopes. This is a deep, years of alfalfa followed by 2 years of corn and small excessively drained soil on plains at elevations of 4,650 to grain and alfalfa seeded with a nurse crop. 5,1110 feet. It formed in eolian deposits. Included in Closely spaced contour ditches or sprinkers can be used mapping are small areas of soils that have lime within a in irrigating close grown crops. Contour furrows-or sprin- depth of 40 inches. Also included are small areas of soils klers should be used for new crops. Applications of bar- that have sandstone between 40 and 60 inches. nyard manure and commercial fertilizer help to maintain Typically the surface layer of the Valent soil is brown good.production. sand about 6 inches thick. The underlying material to a 'l'be potential vegetation is dominated by sand depth of 60 inches is brown sand. bluestem, sand reedgrass, switchgrass, sideoats grama, Permeability is rapid. Available water capacity is needleandthread, little bluestem, and blue grarna. Poten- moderate. The effective rooting depth is 60 inches or tial production ranges from 2.54$) pounds per acre in more. Surface runoff is slow, and the erosion hazard is favorable years to 1,51H1 pounds in unfavorable years. As low. 4. ..EH COUNTY, l'e ll.Iln AUU, SOUTHERN PART 45 range condition deteriorates, the sand bluestem, The potential vegetation is dominated by sand switchgrass, sand reedgrass, materials grams, and little bluestem, sand reedgrass, switchgrass, sideoats grama, bluestem decrease, forage production drops, and sand ncedle;ndthread, little bluestem, and blue grama. I'oLen- sage increases. Undesirable weeds :rid annuals invade tial production ranges from 2,500 pounds per -acre in and "blowout" -conditions can occur as range condition favorable years to 1,600 pounds in unfavorable years. As becomes poorer. range condition deteriorates, the sand bhwstern, Management of vegetation on this soil should he based switchgrass, sand reedgrass, sideoats grama, and little on taking half and leaving half of the total annual proelue- bluestem decrease, forage production drops, and sand Lion. Seeding is desirable if the range is in poor-condition. sage increases. Undesirable weeds .and annuals invade Sand bluestem, sand reedgrass, and iangrass, switchgrass, and "blowout" conditions can occur as range condition sideoats grama, little bluestem,': nd blue grama are suits- becomes poorer. hie for seeding. Because this soil is susceptible to soil Management of vegetation on this soil should be based blowing, it should be seeded using an in terseeder, or the on taking half-and leaving half of the total annual prodtic- seed should be drilled into-a firm, clean sorghum stubble. Lion. Seeding is desirable if the range is in poor condition. • Seeding early in spring has proven most successful. Brush Sand bluestem, sand reedgrass, ind iangrass, switchgrass, management also can help in improving deteriorated side-oats grama, little bluestem,-and blue grama are suita- range. hie for seeding. Because this soil is susceptible to soil Windbreaks and environmental plantings are fairly well blowing, it should be seeded using an interseeder or the • suited to this soil. Blowing sand and the moderate availa- seed should be drilled into a firm, clean sorghum stubble. He water capacity are the principal hazards in establish- Seeding early in spring has proven most successful. Brush • ing trees-and shrubs. The soil is so loose that trees should management can also help in improving deteriorated he planted in shallow furrows, maintaining vegetation range. between the rows. Supplemental irrigation is needed to Windbreaks and environmental plantings :are generally insure-survival. Trees that are best suited and have good not stilted to this soil. Onsite investigation is needed to survival are Rocky Mountain Juniper, eastern redeedar, data,'rniine if plantings are feasible. ponderosa pine,-and Siberian elin. The shrubs best suited Wildlife is-an important secondary use of this soil. Ran- are sk inkhush sumac, lilac, and Siberian peashrub. geland wildlife, for exarnple, the pronghorn antelope, can Wildlife is an important secondary use of this soil. The be attracted by developing livestock watering facilities, cropland areas provide favorable habitat for ring-necked managing livestock grazing, and reseeding where needed. pheasant and mourning dove. -Many nongame species-can This soil has fair potential for urban developm ant. The he attracted by establishing areas for nesting and escape chief limiting soil features-are Lhe rapid permeability and cover. For pheasants, undisturbed nesting covet-is essen- the susceptibility to soil blowing. Septic Lank absorption tial and should he included in plans for habitat develop- fields function properly, but in places the sandy sub- ment, especially in areas of intensive agriculture, Range- stratum does not properly filter the leart:ate. Sewage land wildlife, for example, the pronghorn antelope, can he lagoons must be sealed. Once established, lawns, shrubs, attracted by developing livestock watering facilities, and trees grow well. Capability subclass V lc_ irrigated, managing livestock grazing, and reseeding whore needed. Vle nonirrigated; Deep Sand range site. This soil has fair potential for urban development. The 71--Valent-Loup complex, (I t0 9 percent slopes. This primary limiting soil features are the rapid permeability level to moderately sloping map unit occupies hills, ridges, and the susceptibility to soil blowing. Septic tank-alrsorp- and depression or pothole-like areas in the sandhills at. Lion fields function properly, but. in places the sandy sub- elevations of 4,6711 to 4,7011 feet. The Valent soil makes up stratum does not properly filter the -leachalt'. Sewage about 60 percent of the unit, the Loup soil about 35 per- lagoons must be sealed. Once established, the lawns, cent. Alout. b percent is dune sand. The Valent soli ueru- shnahs, and trees grow well. Capability subclass IVe ir- pies the hills and ridges and OW Imup soil the depressions rigated, Vie noni rrigated; Deep Sand range site. or potholes. -711-Valent sand, 3 t0 9 percent slopes. This is a deep, The Valent soil is deep and excessively drained. It excessively drained soil on plains at elevations of 4,65(1 to formed in eolian deposits. Typically the surface layer is 5,100 feet. It formed in eolian deposits. Included in brown sand about N inches thick. The underlying material • mapping are small areas of soils that have lime within a to a depth of 60 inches is brown sand. depth of 40 inches. Also included are small areas of soils Permeability is rpid. Available water capacity is that have sandstone between 40 and 60 inches. moderate. The effective rooting depth is 6(I inches or Typically the surface layer of the Valent soil is brown more. Surface runoff is slow, and the erosion hazard is sand about 6 inches thick. The underlying material to a low. depth of 60 inches is brown sand. The Loup soil is deep ;ind poorly drained It formed in Permeability is rapid. Available water capacity is sandy alluvium. Typically' the surface layer is very dark moderate. The effective rooting depth is 60 inches or grayish brown, mottled loamy sand about Its inches thick. more. Surface runoff is slow, .and the erosion hazard is The underlying material to a depth of 60 inches is light low. brownish gray, mottled loamy sand and sandy loam. 46 welt si I1tVEY Permeability _is rapid. Available water capacity is yellowish brown fine sandy loam about 16 inches thick. moderate. A water _table is at or near the surlu•° in 'I'he substratum to a depth of 60 inches is sandy loam. spring and about 36 inches below the surface in fall. Sur- Permeability is moderately rapid. Available water fare rmmfl' is slow, and the erosion hazard is low. capacity is moderate. The effective rooting depth is 60 This unit is used fur rangeland and wildlife habitat. The inches or more. Surface runoff is slow, and the erosion potential native vegetation on the Valent soil is hazard-is low. • dominated by sand reedgrass, sand bluestem, blue and In irrigated areas this soil is suited .to the-crops corn- grama, lint le bluestem, nee lle:undth read, and monly grown in the area. Perennial grasses and alfalfa or sideoats. grmna. Potential production ranges from 1,H0o close grown crops should be grown at least 50 percent of pounds per acre in favorable years to 1,400 pounds in un- the time. Contour ditches and corrugations can be used in favorable years. As range condition deteriorates, the sand irrigating close grown crops and pasture. Furrows, con- bluestem, sand reedgrass, sideoats grama, and little tour furrows, and cross slope furrows are suitable for row Western decrease; sanelhill molly and blowout grass in- crops. Sprinkler irrigation is also desirable. Keeping til- • creas'•, :ur I forage production drops.—Blowouts" occur as lag° to a minimum and utilizing crop residue help to con- • r;mge condition becomes poorer. trol erosion. Maintaining fertility is important. Crops The native vegetation on the Loup soil is dominated by respond to applications of phosphorus.and nitrogen. switchgrass, little bluestem, sand reedgrass, and western In nonirrigated areas this soil is suited to winter wheat, • wheatgrass. lndiangrass, find bluester, prairie eordgr•ass, barley, and sorghum. Most of the acreage is planted to slender wheatgrass, alkali sacaton, saltgrass, sedge, and winter wheat. The predicted average yield is 20 bushels rush are -also present. Potential production ranges from per acre. The soil is summer Tallowed in alternate years 4,000 pounds per acre in favorable years to :1,000 pounds to allow moisture accumulation. Generally precipitation is in unfavorable years. As range condition deteriorates, the too low for beneficial use of fertilizer.switchgrass, sand bluester, indiangrass, little bluestem, Stubble mulch-fanning, striperopping, and minimum till- ; anti prairie-cortigrass decrease, and saltgrass, blue grama, lage are needed to control soil blowing and water erosion. sand dr•opseed, sedge, and rush increase. Undesirable Terracing also may be needed to control water erosion. weeds and annuals invade the site as range condition The potential native vegetation on this range site is bceonu•s pourer. dominated by sand bluestem, sand reedgrass, and blue Seeding with an interseeder is advisable if the range is grama. Needlendthread, switchgrass, sideoats grama, in poor condition. Sand reedgrass, sand bluestem, sideoats and western wheatgrass -are also prominent. Potential 1- grana: switchgrass, little bluestem, indiangrass, and blue production ranges from 2,200 pounds per acre in favora- I ! gr rna are suitable for seeding. Seeding early in spring We years to 1,800 pounds in unfavorable years. As range has proven most successful. Grazing should be light to condition deteriorates, the sand bluestem, sand reedgrass, prevent range deterioration. and switchgrass decrease and blue grma, sand dropseed, : Wildlife is an important secondary use of this unit. On and sand sage increase. Annual weeds and nd grasseinvade the Valent. soil, rangeland wildlife, for example, the the site as range condition becomes poorer. 1(pronghorn antelope, can he attracted by developing Management-of vegetation on this soil should be based livestock watering facilities, managing livestock grazing, on taking half and leaving half of the total annual produc- and reseeding where needed. _lion. Seeding is desirable if the range is in The Loup soil, which is typically wet and produces an Sand bluestem, sand reed g poor condition. oats ! abundance of wetland vegetation, attracts wetland wil- grama, blue grama, grass, atg ass, an crested dlife species, such as mallard, teal, suitable for oest ding. T and elected geese, and miseellxne- wheatgrass are seeding. The grass selected uus shorebirds. Primary management-of this soil for wet- should meet the seasonal requirements of livestock. It land wildlife includes managing livestock grazing, fencing should be drilled into a clean, firm sorghum stubble or a to control livestock, protecting from fire, and preventing prepared seedbed. Seeding early in spring has proven drainage. Natural wetland vegetation should be allowed most successful. to develop. Capability subclass Vle irrigated Vle nonir- Windbreaks and environmental plantings are fairly well rigated; Valent soil in Choppy Sand Meadow range site, suited to this soil. Blowing sand and low available water Loup soil in Sandy Meadow range site. capacity are the principal hazards in establishing trees _72-Vona loamy sand, II to :1 percent slopes. This is a and shrubs. The soil .is so loose that trees should be deep, somewhat excessively drained soil on plains and planted in shallow furrows and vegetation maintained high terraces at elevations of 4,600 to 5,200 feet. It between the -rows. Supplemental irrigation is needed to formed in eulian or alluvial deposits. Included in mapping insure survival. 'frees that are best suited and have good :u'e sums leveled areas. Also included are small areas of survival are Rocky Mountain juniper, eastern redcedar, soils that have a loamy substratum and some areas -of ponderosa pine, and Siberian elm. The shrubs best suited soils that are nuncalcareous to a depth of Ell inches. are skunkbush sumac, lilac, and Siberian peashrub. Typically the surface layer of this Vona soil is grayish Wildlife is an important secondary use of this soil. The brown. The upper it inches is loamy sand and the lower 6 -cropland areas provide favorable habitat for ring-necked `t inches is tine sandy loam. The subsoil is brown and light pheasant and mourning dove. Many nongame-species can WELD COUNTY, COLORADO, SOUTHERN PART 47 be attracted by establishing areas for nesting and escape wheatgrass are suitable for seeding. The grass selected cover. For pheasants, undisturbed nesting cover is essen- should meet the seasonal requirements of livestock. It can tial and should be included in plans for habitat develop-. he seeded into a-clean, firm sorghum stubble, or it can be ment, especially in areas of intensive agriculture. Range- drilled into a firm prepared seedbed. Seeding early in land wildlife, for example, the pronghorn antelope, can he spring has proven most successful. attracted by developing livestock watering facilities, Windbreaks and environmental plantings are fairly-well managing livestock grazing,-and reseeding where needed. suited to this soil. Blowing sand-and low-available water This soil has good potential for urban and recreational capacity are the principal hazards in establishing trees development. Once established, the lawns, shrubs, and and shrubs. The soil is so loose that trees should be trees -grow well. The chief limiting soil feature is the Planted in shallow furrows and vegetation maintained rapid permeability in the substratum, which causes a between the rows. Supplemental irrigation may be needed hazard of ground water contamination from sewage to insure survival. Trees that are best suited and have lagoons. In places recreational development is limited by -good survival are Rocky Mountain juniper, western the susceptibility to soil blowing. Capability subclass Ille redcedar, ponderosa pine, and Siberian elm. The shrubs irrigated, 1 Ve nonirrigated; Sandy Plains range site. best suited are skunkbush sumac, lilac, -and Siberian 73—Vona loamy sand, 3 to 5 percent slopes. This is a Peashruh. deep, somewhat excessively drained soil on plains and Wildlife is-an important secondary use of this soil. The high terraces at elevations of 4,600 to 5,200 feet. It cropland areas provide favorable habitat for ring-necked formed in eolian or alluvial deposits. Included in mapping pheasant and mourning dove. Many nongame species can are some leveled areas. Also included are small areas of be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- soils that have a loamy substratum and some areas of -soils that are noncalcareous to a depth of 60 inches. tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. Range- Typically the surface layer of this Vona soil is grayish land wildlife, for example, the pronghorn antelope, can be brown. The upper 6 inches is loamy sand and the lower 5 inches is fine sandy loam. The subsoil is brown and light attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. yellowish brown fine sandy loam about 14 inches thick. The substratum to a depth of 60 inches is sandy loam. This soil has good potential for urban and recreational Permeability is moderately rapid. Available water development. Once established, the lawns, shrills, and trees grow well. The primary limiting-soil feature is the capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion rapid permeability in the substratum, which causes a hazard is low, hazard of ground water contamination from sewage . Intensive lagoons. In places recreational development is limited by This soil is suited to limited cropping. the susceptibility to soil blowing. Capability subclass IVe cropping is hazardous because of soil blowing. The cropping system should be limited to such close grown irrigated, VIe nonirrigated; Sandy Plains range site. crops as-alfalfa, wheat, and barley. The soil is also suited 74—Vona loamy sand,-5 to 9 percent slopes. This is a to irrigated pasture. A suitable cropping system is 3 to 4 deep, somewhat excessively drained soil on plains at years of alfalfa followed by 2 elevations of 4,600 to 5,200 feet. It formed in eolian years of corn and small deposits. Included in grain and alfalfa seeded with a nurse.crop. P mapping are small oils thaft soils that non- Closely spaced contour ditches or sprinklers can be have a loamy substratum and areas of soils that are used in irrigating close grown crops. Contour furrows or calcareous c to a depth surfaceo 60 inches.is-grayish spinklers should be used for new crops. Application of Typically theysand layer it e lower brown.inches The ne 6 inches is loamy and brown ro lower 4 is fine barnyard manure and commercial fertilizer helps to main- sandy loam. The subsoil is and light thin good production. yellowish sub- The potential native vegetation on this range site .is brown fine sandy loam about 12 inches thick. The d. dominated by sand bluestem, sand reedgrass, and blue stratum t a depth of od atel is loamy Available Permeability cy is moderately rapid. gpwater 0 grains Needleandthread, switchgrass, sideoats grama, capacity is moderate. The effective rooting depth is 60 and western wheatgrass are also prominent. Potential inches or more. Surface runoff is medium, and the erosion production ranges from 2,200 pounds per acre in favora- hazard-is low. ble years to 1,800 pounds in unfavorable years. As range The potential native vegetation on this range site is condition deteriorates, the sand bluestem, sand reedgrass, dominated by sand bluestem, sand reedgrass, -and -blue and switchgrass decrease and blue grama, sand dropseed, grama. Nee<Ileandthread, switchgrass, sideoats grama, and sand sage increase. Annual weeds and grasses invade and western wheatgrass are also prominent. Potential the site as range condition becomes poorer. production ranges from 2,200 pounds per acre in favora- Management of vegetation on this soil-should be based ble years to 1,800 pounds in unfavorable years. As range on taking half and leaving half of the total annual produc- condition deteriorates, the sand bluestem, sand reedgrass, tion. Seeding is desirable if the range is in poor condition. and switchgrass decrease and blue grama, sand dropseed, Sand bluestem, sand reedgrass, switchgrass, sideoats and sand sage increase. Annual weeds and grasses invade grama, blue grama, pubescent wheatgrass, and crested the site as range condition becomes poorer. 102 SOIL SUILVEY TABLE 5.--BUILDING SITE DEVELOPMENT--Continued _r . ._- _____._ . T ;oil -name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements _ basements huildi_ .__. _ T__ _. c'''..-- ' Is ;light Slight Slight Slight Moderate: 'St lney low strength. 4S ;light Slight Slight Moderate: Moderate: Tinny slope. low strength. 46, 4'I ;light Slight Slight Slight Moderate: Olney low strength. 44, ,light Slight Slight Moderate: Moderate: Olney slope. low strength. 119 Severe: Slight Slight Slight Slight. Osgood cutbanks cave. 50, 51 ;light Slight Slight Slight Slight. Otero '.i ;light Slight Slight Moderate: Slight. Otero slope. 54 Slight Severe: Severe: Severe: Moderate: Paoli floods. floods. floods. low strength, frost action. tt ,;light Slight Slight Slight Moderate: Paoli low strength, frost action. ',1 Moderate: ;Moderate: Moderate: Moderate: Severe: Henohill depth to rock, low strength, low strength, low strength, low strength, too clayey. shrink-swell. depth to rock, shrink-swell. shrink- swell. • shrink-swell. 57 Moderate: Moderate: Moderate: Moderate: Severe: Henohlll depth to rock, low strength, low strength, slope, low strength, too clayey. shrink-swell . depth to rock, low strength , shrink-swell. I shrink-swell . shrink-swell. `,5 Severe: Severe: :Severe: Severe: Seve-e: Shingle depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. tot: RI,, ele ., ere: Severe: Severe: Severe: Seve-e: depth to rock. depth to ruck. depth to rock. depth to rock. depth to rock. v, n•,hill Moderate: M,der.,te: Moderate: Moderate: Severe: depth to rock, low strength, low strength, slope , low strength, too clayey. .shrink-swell . depth to rock, low strength, shrink-swell. shrink-swell. shrink-swell. wl Moderate: Moderate ',Moderate: Severe: Moderate: f.,r.sel depth to rock. depth to rock. depth to rock. slope. depth to rock. evere: 'Moderate: ,..evere: 1 Moderate: Moderate: Terry depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. hi Severe: Moderate: Severe: Moderate: Moderate: Terry depth to rock. depth to rock. depth to rock. depth to rock, depth to rock. slope. hp ',Moderate: Moderate: ; Moderate: Moderate: Moderate: Thedalund , depth to mock. ' low strength. d.•pth to rock. low strength. low strength. 65 :Moderate: :Moderate: Moderate: :Moderate: Moderate: Thedalund ' depth to rock. low nlr, ,••).h. Teeth to rock. strength , low strength. slope. . Sea footnote at end of table . WELD COUNTY, COLORADO, SOUTHERN PART ill. TABLE 6.--BUILDING SITE DEVELOPMENT--Continued ___T —_---r - Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial 1 and streets basements basements buildings a. r_________ 66, 67 Moderate: Severe: Severe: Severe: Severe: Ulm too clayey. shrink-swell. shrink-swell. shrink-swell. ' low strength, shrank-swell . 68' Severe: Moderate: Moderate: Moderate: Moderate: Ustic small stones, slope. slope. -slope. slope. • Torrlorthents cutbanks cave. et. 9; Severe: Slight Slight Slight Slight. Talent cutbanks cave. i .") y. 70 Severe: 1 Slight Slight Moderate: :rl u•.' t. \tValent cutbanks cave. slope. 1 71': l,. Valent Severe: Slight Slight Moderate: I' l t •,' t. cutbanks cave. slope. E Loup Severe: Severe: Severe: .'severe: l =evee: wetness, wetness, wetness, wetness, cutbanks cave. floods. floods. 11 oohs. E F 7' Slight Slight Slight Slight moderator: `Nona 7 ,i 7 . 7u Slight Slight Slight '�1r,n•ra tea � •��I• � .�t..� , ' aVona -lope. lo,w :;lr', r .'lb. • 75, 76 Slight Slight .`.light Slight I Vona 77 Slight Slight Slight Moderate: Mo-1, .Ito: Vona slope. low r:trenrth. 78, 79 Slight Moderate: Moderate: Mnder.ite: I-'L.dL -ate: , Weld low strength, low strength, low strength, 1 •w strength, :shrink-swell . shrink-::well. shrink-swell . chink-::well , fr --t action. 80 Slight Moderate: Moderate: IM,, terate; •��I� r:n�n Weld low strength, low strength , low strength, 1•o., rtrcneth, shrink-swell . shrink-swell . stone , 'brink--1w•-II , _,prink-;well . fr It ,•.ilea. 81', 82': Wiley Slight :Moderate: Moderate: Moderate: g o-1 .,rte: low strength, low strength, low strength, l tr< n,n.• , shrink-swel '. . shrink-swell . shrink-swell . Colby Slight .Slight Slight '.light m H. rlt•': 1d a r,trength. Al': Wiley 'light Moderate: 'Modest•: :Moderate: tlot .r ,t.. low strength, low strength, low strength , ., -t r••,u lh, shrink-swell . shrink-swell . :,lope, ::hrink-..well . I shrink-swell . Colby Slight Slight :light "1• r.,t IMun,r=,te. I 4 .1r n',lli. ' See map unit description for the composition and behavior of the goon unIt. 166 SOIL SURVEY TABLE 7.--SANITARY FACILITIES--Continued Soil name a n a Septic tank Sewage lagoon -Trench Area Daily cover map .symbol absorption areas sanitary sanitary for landfill fields ; Landfill landfill 1 u4 Severe: Moderate: ;Slight Slight Fair: oar's peres -slowly. excess humus. too clayey. ' 4.4 u';, 45, n7, vA-- Slight Severe: :Slight Slight Good. Whey seepage. 4 + Slight Severe: :Severe: Severe: Fair: ! ,sO,,,a seepage. 1 seepage. seepage. too sandy. y), `.> 5 Flight Severe: ;Slight Slight Gcod. f liter'. seepage. l t. ',s Slight Severe: :Slight Slight Good. i .'taro slope, seepage. '''+ Slight Severe: ;Severe: Severe: Good. Paoli seepage. : seepage. seepage. Slight Severe: Severe: Severe: Good. Paoli seepage. seepage. seepage. i 5s, t7 Severe: Severe: Severe: Slight Fair: aenohill pore's slowly, depth to rock. depth to rock. too clayey, depth to rock. thin layer. O ', + Severe: Severe: Severe: Slight Poor: hlsirle depth to rock. depth to rock. depth to rock. thin layer. FM*: :Mingle Severe: Severe: ,Severe: Slight Poor: depth to rock. depth to rock. ; depth t0 rock. thin layer. Henohill Severe: Severe: :Severe: Slight Fair: pores slowly, depth to rock. ; depth to rock. too clayey, depth -to rock. thin layer. ,. 61 Severe: Severe: :Severe: Severe: Poor: Tissel depth to rock. depth to rock, I depth to rock, seepage. thin layer, seepage, , seepage. area reclaim. slope. +- ' ',4 Severe: Severe: Severe: Slight Fair: Terry depth to rock. depth to rock, , depth to rock. thin layer, seepage. ' area reclaim. 66, GS Severe: Severe: :Severe: Slight Fair: ihed,,lund depth to rock. depth to rock. , depth to rock. thin layer. +,L Severe: Slight :Moderate: Slight Poor: Vlm peres slowly. : too clayey. too clayey. 57 Severe: Moderate: ;Moderate: Slight 'nor: 'ilm peres slowly. slope. ; too clayey. too clayey. br1• Moderate: Severe: ;Severe: Severe: . Poor: astir Torriorthents slope. .seepage, : seepage, seepage. too sandy, small stones. ; too sandy. small atones. ;L9 70 Slight Severe: ;Severe: Severe: Poor: `-VaLen't seepage. I too sandy, seepage. too sandy. seepage. 71': Valent Slight Severe: :Severe: Severe: Poor: seepage. ; too sandy, seepage. too sandy. seepage. See footnote at end of table. WELD COUNTY, COLORADO, SOUTHERN PART 107 TABLE 7.--SANITARY FACILITIES--Continued I Soil name and I Septic tank Sewage lagoon Trench Area Daily cover map symbol I absorption I areas sanitary sanitary for landfill fields landfill landfill i i 71a: Loup ;Severe: ;Severe: Severe: Severe: Poor: I wetness, ; wetness, wetness, wetness, wetness. ; floods. I seepage, seepage, seepage, I floods. floods. floods. 1.724 73 :Slight ;Severe: Slight Slight Good. "`Vona I seepage. 74 :Slight ;Severe: Slight Slight Good. Vona : seepage, slope. 75, 76, 77 :Slight :Severe: Slight Slight Good. Vona I seepage. 78 ;Moderate: :Moderate: Slight Slight Good. Weld I percs slowly. I seepage. 79, 80 'Moderate: :Moderate: Slight Slight Good. Weld percs slowly. ; slope, 1 I seepage. 81•: Wiley Moderate: :Moderate: Slight Slight Fair: peres slowly. ; seepage. too clayey. 1 Colby Slight ;Moderate: Slight Slight Good. i I seepage. 1 i 82• 83•: Wiley Moderate: :Moderate: Slight Slight Fair: 1 percs slowly. : seepage, too clayey. slope. Colby Slight ',Moderate: Slight Slight Good. seepage. • See map unit description for the composition and behavior of the map unit. WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 14.--SOIL AND WATER FEATURES--Continued , Flooding - H1gh water table Bedrock Soil name and ;Hydro-; Potential map symbol ; logic; Frequency Duration ;Months Depth Kind Months Depth Hard- frost ;group ness action Ft In 36•• - ' Shingle D ;None ___ ; ___ >6.0 --- ' 10-20 Rip- Low. pable 3 ,Nelson ' B ;None ___ --- >6.0 ; --_ p --- 20-40 Rip- Low. pable 39, 40, 41, 42, 43 C ;None ; ___ --- >6.0 --- --- >60 --- Moderate. Nunn �414, 45, 46, 47, •--ig ; B ;None ; --- >6.0 { ___ --- >60 --- Lou. Olney 49 • A ;None ___ --- >6.0 --- Low. Osgood --- >60 --- 50, 51 , 52, 53----; B ;None , _-_ >6.0 ; --- --- >60 --- Low. Otero 54, 55 ; B ;.None to rare; --- ; --- >6.0 ; ___ --- >60 --- Moderate.Paoli 56, 57 C ;None Renohill ; --- >6.0 --- --- 20-VO Rip- Lou. pable 58, 59 ' D ;None ; ___ --- >6.0 --- --- 10-20 Rip- Low. r Shingle pable t 60•: Shingle D ;None _-- --- >6.0 --- --- ;10-20 Rip- Low. I pable i Renohill C ;None ___ _-_ >6.0 --- --- 20-40 Rip- Low. (. pable ( 61 D ;None _-- --- >6.0 --- 10-20 Pi Tassel --- Lou. R pable B ;-None --- -' >6.0 --- 20-40 Ri 62, 63 --- t P- Low. Terry pable • 64, 65 C ;None --- >6.0 Thedalund al and --- --- I20-VO Rip- Low. pable 66, 67 C ;'None ___ --- >6.0 --- --- >60 --- Low. Ulm 68• A ;None ; --- --- >6.0 --- --- ; >60 --- Low. ': Ustic Torrlorthents , 69, 70 A 'None ___ ; --- >6.0 --- --- >60 --- Low. - Valent 71•: Valent A None ___ ; --- >6.0 --- --- , >60 --- Low. Loup D Rare to ;Brief Mar-Jun +.5-1.5 Apparent Nov-.May: >60 --- Moderate. common. r m- '72, 73, 74, 75, `76,`77 B ;-None ___ ; --- >6.0 --- --- ; >60 --- Low. Vona See footnote at end of table. i & ASSOCIATES <2> RLAL ESTA1L Ntivemht•r tl, Ict84 Mr. James R. M;ryeral Weld Cnun, y Planning K Zoning Greeley, CU 80611 Dear Mr. Mayernl: Here is the information that you requested concerning the Martin Estates ,1 Subdivision. 1 . Type of Residential Building Allowed: The covenants will prohibit mobile homes, including double wide mobiles , hut will allow for modular built homes , -as well bar un situ b Li i I i homes. W.i r: Water shall he provided by individual wells, either deep wells or shallow in house only wells. We are working with the State . on permits. 3. Population Density of Area: An estimate would be 3.3 persons per household and after all 2'3 lots are occupied this would total approximately 76 people living, in the area. 4. Avcrigi' Daily Vehicular Trips: An estimate of two trips in and out of the area per day per household. This two trips times twenty three sites would be forty six trips per day for the subdivision. 5. Open `,pace: Since each site will be approximately five acres for each household, the need for common open space should be waived. 6. Planned Unit Development : The P. U. U. approach seems the most logical way to approach the development of the subdivision. W. Snit Erosion: As with most acreage subdivision there will be minimal tillage 303/857-2930 - 303/629-0432 - 303/785-2291 tAt nevi' ,. wrNVt -. roll, tc rooN rntnnnnn ROC!, Mr. James R. M,ryeral November 9, 1984 Page 2 of the soil . Each home owner will be encouraged to help stabilize late soil . The farm is presently in dry land wheat and I 'm sure ! tali the development will reduce the amount of eruslun. Thank you very much, /.Xrt • t ✓ v �ed.4 Burl Van Buskirk, Agent Martin Estates P.U.U. BVB/mck • k}' fc COVENANTS WE, THE I'NDERS ICNFD OWNERS OF MARTIN ESTATES, IN THE COUNTY OF WELD, STATE OF COLORADO, DESIRE NEICIIItoRIIOOD APPEARANCE, PEACE AND QUIETNESS, ALL OE WHICH LS OF VALUE TO US AND WHICH CAN ONLY BE ENJOYED IF EACH OF US REFI .!, TO D0, OR REFUSE TO PERMIT CERTAIN ACTS RELATING TO THE USE o1. SAII) PROPERTY. TUERt:F'1RE, ALL OWNERS OF THE AFORESAID PROPERTY, FOR 1 IIEMSELVE'I, THEIR HEIRS , SUCCESSOR;, ASSIGNS AND PERSONAL REPRESENTATIVES, Ito HEREBY AGREE TO COMPLY WITH ALL THE COVNENATS HEREIN SET FORTH, DURING THE: I'E:R 'Id ) OFTTIIF.hE COVENANTS. FURTHER, IT IS AGREED THAT THESE COVENANTS AN'D RESTRICTIONS SHALL RE BINDING AND SHALL, RUN -WITIL THE LAND UNTIL JAN. C, k I 'ot4. NiSCUM!'L IANCE BY ANY OWNER WILL BE CAUSE FOR REFUSAL OF BUILDING PERMIT OR SL!CII OWNER WILL. RE SUBJECT TO A DECREE OF SPECIFIC PERFORMANCE AN!) PAYMENT OF ATTORNEY FEES AND COSTS OF ANY LEGAL ACTION NECESSARY TO ENFORCE THESE COVENANTS. INVALIDATION OF ANY OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL IN NO WAY AFFECT ANY OF "! HE OTHER COVENANTS AND ALL OTHER COVENANTS SHALL REMAIN IN Flllf, FORCE AND EFFECT. JUNK YARD`.: We agree not to use any part of the property for used car loos, ear sales or storage , wrecking business, or junk yards. ill* 1.015 : he ,e'ree nor to use said property for feed lots. We agree not re allow more than four (4) animals per acre on said property, dogs nr laded , ixcept as stated below, except hogs which will have a limit of two ( 2 ) ptr Int or combination of lots comprising a building site. -Except I ..r laws eoverniug the area , there will be no limit on the number of Irike n and ruhl, it ,,, or 'or animals under eight weeks old, or on animals, • ',r bu', in, '. , enterprises or hobbies which in no way create unhealthy or r.t,pliso:nnr rtrndrt ions for the neighbors or which in no way damage the neighbors ' lawns , or which do not detract from the peace and quietness . r the :ire,,. A building or shelter will be provided for all grazing or r,or};r,r0in,y animals unless kept_ within the home. BATEME_N1 HOMES: We :agree not to live in, or permit others to live in, ,,rsemnt home', erected on our property. Basement homes shall mean dwelIings wherein only the basements are ready for occupancy and the I est Ilo„r area is not complete or ready for occupancy. TRAILERS — BUILDING SIZES — MATERIALS: We agree not to park -house trailers, mobile Manes , in( ludine double wide mobile homes, on said property or to • rai irailors for dwelling, purposes while parked on said property. We agree n.,t ro hrri ld and, nni to permi r or employ others to build homes on our prop— erty wit !, less rl.tn I ,OOc square feet of first floor area if without a (basement and, it with a basement or a two—story, the home must have no less that, ROn square feet of first floor area. I, OCAI'I OF IMPROVEMENTS: -We agree not to build nearer than sixty (60) ��—f rot the editor if the road or the rear of the property. We agree mi' to build ne,rrer t Iran luny (40) feet of the side property lines. COVENANTS Page 2 NEIGHBORHOOD APPEARANCE: We agree not to pile any unsightly materials or to leave any used car parts, used machinery parts, or used lumber and other unsighr lv materials on said property within sight of the street. We .agree not to store or leave parked tin said land any nonoperable automobiles or machinery for a period of more than 30 days or to park •inv unsightly machinery or vehicles on the land which will detract from ' be hcaury of the ,area ;is seen from the front yards and the front streets. Cars and pickup trucks in running order ;are not to be considererd unsightly. We agree not to build buildings, additions, or fences out of used materials sinless used materials are immediately painted or covered within 30 days. 'There are ro he no buildings constructed with tar paper roofing or rolled roofing,. There is to be no building constructed of metal unless it has baked on colored finish. WORK lN('r),s]Pll'TED: We agree not to start any -main structures on our tract unless w,• are able to complete said sturcture within one year from the data as n ,l rust ion is st araod, . DOC'i: Except for dogs which hark only in the presence of strangers, intruders , or t respnssers , we agree not to allow barking -dogs on said I'r •'I'r'rt v. Dogs which hark longer than ten minutes, continuously, without / .lily .,I f ! 1• •i)"ve n•,iron�., shall be rensidered undesirable. - 11_6-111 IIl(, _v'e agree nor to ;allow our children, or any animals or birds, c" raab pigeons , owned by us or under our control , to trespass on the land r id ,'ther-, in rho area , without the express consent of those upon whose band rh,• a-hidlron or animals are trespassing. iitfED Nr_: We agree nor to allow the breeding of animals on the aforesaid • property unless the breeding, areas are shielded from the view of the neighbors. HEALTH: „e agree not to aause, ;allow to continue or maintain conditions our prd pe n y which nd}tlii spread disease, bad odors , dust , or harm the health of our neiniiha,r•.. For example: dead animals , smelly r,r .rpnanr odorous water, sloppy rotten vegetables, lly overcrowded rnwded animal pens with wet manure six niches deep, remaining on trio aforesaid land seven days or more, shall be ri'nsidere,l in violation OI this covenant. . On the other hand, animal pens with aura rnn.iry a ;tII(' ,md rl c;nil mess .are to be accepted. lil_5f: We .'sree not Co overgraze our land, or otherwise cause land to be bared in auch :a way as to present a continuous dust storm potential. For example, if land is pluwe,; and harrowed without immediate reseeding or nlant inf.• or moat of the vegetation is dest royed by animals or otherwise bared over an arena of one-half acre or more, said area shall be considered a ,lust ,r arm pot en! i.il , f/iEEDS ArE WIND: Weagree n, r to create conditions favorable to tumbleweeds, he, ofrnoxious vegetation, or to pile papers or rubbish in such a way that "''uox ivaa', mit eria ! , could blow Over on the neighbors ' property. N O]',!' Itl%ARDS, AND OTHER I IDES: We .agree nor to harbor noisy animals or nrdr to enage in na isv industrial or noisy commercial activities, or ir, en ,ae' in industrial or commercial work which creates obnoxious smog, Lid 11 ., , id ub lea ' c „ti,ala v no i seti in the area . These covenants, however .,n' not int ,'ndod to eliminate :ag,riculrural activity, commercial activity COVENANTS Page 3 or other activities flirt do not damage the neighbors. Any Iimt before or on December 31 , 1-984, these covenants can be changed, added try, amended, nr turd - void with the unanimous consent of all property owners. Alter December 31 , 1984, the consent of the two thirds of all property owners shill he required ro change any -of these covenants. ke,n1, .agreed to, and approved this clay i he day of 1184. State of Colorado ) County of Weld The within and foregoing instrument was acknowledged before me this day of 1'-184, hv: Witness my hand and official seal. 'r My Commission Expires: 2 Notary Public • LAND-USE APPLICATION SUMMARY SHEET Date: December 18, 1984 CASE NUMBER: Z-414:84: 15 NAME: Martin Estates ADDRESS: 147 South Denver Avenue, Fort Lupton, Colorado 80621 REQUEST: A Change of Zone from Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S1, Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10 SIZE OF PARCEL: 123 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review are listed in Section 28.3 et seq of the Weld County Zoning Ordinance. The applicants are proposing a twenty-three (23) lots Planned Unit Development subdivision for single family homes. The applicants have failed to demonstrate in the application materials that the proposed land division is a Planned Unit Development. As stated in Section 35. 1 the Planned Unit Development District is intended to allow an alternative means for property owners to apply flexibility in developing their land which may not be possible under normal application of the Weld County Zoning Ordinance and Subdivision Regulations. The objectives of the PUD (Planned Unit Development) District are to: encourage flexibility and variety in the development of land to promote its most appropriate use; improve the design, character, and quality of new development; facilitate the adequate and economical provision of public and private services; preserve the natural -and scenic features of the development area; encourage an integrated planning approach; and ensure compatibility with Weld County's Comprehensive Plan and Subdivision Regulations. The application materials appear to utilize the Planned Unit Development application process so as to avoid the requirements of the Weld County Ordinance and Subdivision Regulations. Specifically, districts that are zoned Residential-One (R-1) are required to be connected to and served by p lic water and sewer systems. Whereas, a Planned Unit Development District requires that the applicant demonstrate adequate water and sewer is available to serve the uses proposed in the district. Adequate water and sewer could imply well and septic. Land- Use Application Summary Martin Estates December 18, 1984 Page 2 The use proposed by the applicants is single family homes. Ordinarily, this type of use is proposed in the residential-One (R-1) zone district. However, the applicants cannot meet the requirements for water and sewer in the Residential-One district and are proposing a well and septic system on each lot. Therefore, it is the staff's opinion that the application conflicts with Section 35. 1 of the Zoning Ordinance which state in part that, "the Planned Unit Development District is not intended to be used to circumvent or distort policies and objectives of the Weld County Comprehensive Plan, the Zoning Ordinance, and the Subdivision Regulations. The proposal is not consistent with the Performance Standards of the Planned Unit Development District for common open-space. Common open-space is a requirement in a Planned Unit Development District. Section 35.3.2 and 35.3.8 of the Zoning Ordinance contains the requirements for use of common open-space in a Planned Unit Development District. It is the Planning staff' s opinion that the application materials failed to show that the proposal is consistent with the Weld County Comprehensive Plan or residential growth policies. The residential growth policies are listed on pages 59 and 60 of the Weld County Comprehensive Plan. For additional information about urban development and residential growth policies, refer to pages 51 through 60 of the Weld County Comprehensive Plan. The Weld County Future Land-Use Map shows that the subject area is located outside of a future town growth area and it is intended to remain agriculturally zoned. The Department of Planning Services has not received evidence that there is adequate domestic water available to serve the proposed uses within the district. According to maps available to Weld County there are coal resources under the subject site. The Colorado Geological Survey (CGS) is investigating the commercial mineral viability of the deposit. A statement from CGS must be submitted to the Department of Planning Services stating that there is not a commercial mineral deposit under the subject site. Failure to receive such a statement will require the continuance of the case. Land-Use Application Summary Martin Estates December 18, 1984 Page 3 The Department of Planning Services has not yet received recommendations or responses from the Colorado Geological Survey, the Division of Water Resources, the Framer's Reservoir and Irrigation Company, Fort Lupton Fire Protection District and the Panhandle Eastern Pipeline Company. The Department of Planning Services has received one objection to this request. JRM:rjg FIELD CHECK FILING NUMBER: Z-414:84: 15 DATE OF INSPECTION: September 9, 1984 NAME: John Martin REQUEST: A Change of Zone from Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S�, Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Three miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10 LAND USE: N Pasture and large scale turkey operation to the northeast E Rangeland and residence S Martin estates and Sunny Acres (both developed subdivisions) W Dryland farming/pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the proposed Planned Unit Development (PUD) is from Weld County Road 37, Sunrise Lane, Martin Street, and Weld County Road 10. The subject site is in dryland wheat farming and pasture. There are no improvements on the site. There is a knoll in the center of the site with the slope being to the south, north, and west. The subdivisions to the south are predominately rural residential in nature. The Speer Canal forms the western boundary of the site. Drainage could be a problem in the northwest corner of the subdivision. BY: GirnPAR )'1, es R. Mayerl /VV C rrent Planner JRM:rjg < ,Gt'L_REST i ,„e: ' 1 Ira e e - I s_ - ^ ti ,,,\ ..- o q kjr\.f_ f CC° `s r' • ,/,-; .;:* �' ,- i. u , �.i < z [ � S "� I 1 J .� � '� r ' D r ‘.- <- 4 °'' �i P� r l r 1 0 1 2 3 MILES bb - ,,i? i i_a . (yv i r � 1 , .. .r.r - �t�� cilLr r- - 4 f _- r __'� .i < - . , < i i a v it 'A F t. `S� z-,• 4 v d e • =,,,_.,. $, I __ i 4 1C ,jr: ,� \' , - 1 r _. ' �t , �I �' �1 .'id '\ t - , ,� . '-#- ti Vi i• l - ' < I. c-\_:\ ` ,1 ' '^' f 4 i 1� r - \' C -O - op -1� 4 3-2/..--,14. s_ \X 7 , • • THIS MAP IS INTENDED FOR GENERAL " e 7- PLANNING. INDIVIDUAL TOWN PLANS E \? „ p'� ! 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R`% f 1j",.'.-' ( 1 REFERRAL LIST APPLICANT: Martin Estates CASE NUMBER: Z-414:84:15 SENT REFERRALS OUT: November 21, 1984 REFERRALS TO BE RECEIVED BY December 5, 1984 z z z z m o m o z H rO+ 6 UU) off ¢ n E a o o zz O U O O H W W h W v = H N W O O o PS 0 0 O C4 W O W O z h a z z co a z County Attorney (plat only) Farmer's Reservoir and Irrigation Company Weld County Health Department Attn: Manual Montoya XX 80 South 27th Avenue Engineering Department Brighton, Colorado 80601 X pip ?1/4". County Extension Agent ) I City of Fort Lupton l� Attn: Bob Crumb 330 Park Avenue Office of Emergency Management Fort Lupton, Colorado 80621 O Bill McMurray Fort Lupton School District 'A Planning Commission Member 201 Reynolds Street P.O. Box 161 Brighton, Colorado 80601 Fort Lupton, Colorado 80621 857-2711 Brighton Soil Conservation Dist. 60 South 27th Avenue Fort Lupton, Colorado 80621 State Engineer XX Division of Water Resources Fort Lupton Fire Protection 1313 Sherman St. , Room 818 District Denver, Colorado 80203 P.O. Box 350 Fort Lupton, Colorado 80622 ■ State Highway Department 1420 2nd Street Panhandle Eastern Pipeline Co. Greeley, Colorado 80631 Rocky Mountain Region 635 N. 7th Avenue , Colorado Department of Health P.O. Box 127 (Water Quality Control Division Brighton, CO 806O1 4210 East 11th Avenue Denver, Colorado 80220 Colorado Geological Survey 1313 Sherman Street Room 715 Denver, Colorado 80203 FIELD CHECK / n r/ FILING NUMBER: Z-414:84:15 DATE OF INSPECTION: /F 5c— U ` NAME: Martin Estates REQUEST: Change of Zone from ri rnl rural to Pl annod linit nanreJnpment LEGAL DESCRIPTION: Part of the S1/2, Section 12, T1N, R66W of the 6th P.M. LAND USE: N �k'. �/ C1,9)770 Lc{/✓ tc/jfrev) t✓ �'` USE" _I Il, ' S SUg (v/Sroni- AM W ( I _ _di) _ 19c w I�hy L AtJ h ��-�� ZONING: N Weld Co. S'lannmg Cummssui LOCATION: approximately 3 miles cnnthaast of E Fort Lupton: west of Weld County Road 17 and north of Weld County Road 10 COMMENTS: f/1 /cu jZF&uEf r if f7/li� C7` raw �F n ,oka cec/7— R vcigt_ Suet) ! yip aML SEE- N o y/P D et-ri'? W Tete- Aft—a2 U FJt -7)(t— ftze b i v/n o rtJ woUL13 +14v (kit F/fl'r•vcrl-t, Iwp/s+ t1- b,h/ J4v CIS o,.V1 wtfrcfr- jv ,6r T1C r/A/ewc1R-t__ }-±E1.4 0, P,AYvfl coves?Y oieu), 3"1 wov[„D Be- Tab- 7neff 1/ 4cC&r 'Tv f m7-r /fw> s-O2- o it/ rear /w.CN it,t- ro �r 'b at/ Fitt fo 7-if BY: 7/3;2(7 i c�� n®U WineTo Jameh R. Mayent, CWLnent Planner Dare Deeemben 5, 1984 COLORADO From UndenahenAAu Rick Wit Subject: Eatimated Law En6oncement Coat--MWLtLn Eatates The U.S. Bureau oU Censua xee-tden iat occupancy nate oU 3.12 pen4on4 Lttto used to obtain our ewtimated total population at build-out Dox .this pxoject. My beat eatipnte -Lnd.iontea a total population ob 72 penaona could be anticipated. LL&Lng 1983 U.S. Department ob Ju Lice average awaxn penaonnel ata{yUing {ion a like County oU 1 .9 pen. 1,000, a high end manpowex eatimate oU . 14 penaonnel can then be den.ived. The 1985 total coat pen hoax o{ aenv.ice L $17 and multiplying this coat by the numbe-t oU howna nepnehented by . 14 awenn o{ficera allowa me to conclude a high-end eati.mate -ob $4,821; could be required to pnov.ide aenv-ice to this project. My pxoUeao-tonal opinion bowed upon owt expeh..ience with geographic area, demognaph.i.es, and call box aexu-Lce .incidence o4 a 4-Lm-ilan developments would be that the moat likely coat would be 25 to 50 percent under the high eatimate. Ib you have any que- tLona, plea4e call me. kc cc: Shuts“ Andnewa Captain workman \\\: 19&\ I1e16 Cu. 4\30t11t'$iWAtOf '.o , r 1 ` t ` " 1 To James Mayerl Planning DepartmentDat e December 5, 1984 COLORADO From Wine Rodney H. Hutchinson P. E. , Engineering Manager Martin Estates Case No . Z-414 :84:15 subject: Please refer to our comments, regarding this project, submitted for the sketch plan - Case number S-238:84:10. We have no additional concerns relating to the change of zone submittal . _ RHH/bf ier\tar)14t oRAn®urr, J Planning Department �• To Jim Mayerl Date August 24, 1984 COLORADO From Rodney H. Hutchinson, P. E. _ Engineering Manager Subject: Martin Estates Sketch Plan We have reviewed the Martin Estates Sketch Plan and offer the following comments : 1. Does lot 1 overlap County Road 10 right-of-way? This should be clarified. 2. We recommend that Martin Street and Sunrise Lane be either connected or supplied with cul-de-sacs to allow for emergency vehicle movements . 3. It appears that the majority of the subdivision would be served by a single access . Much benefit would be gained by the home owners if the proposed future connection to W.C.R. 10 could be acquired and constructed concurrently with this subdivision. Aar sr' 199,1 ill RHH/bf kid 5.1. qt, Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 December 4, 1984 Mr. James R. Mayerl , Current Planner — �Weld County Colorado i till -4., [Hi!i'"7 Department of Planning Services ' 915 10th Street I' C% Greeley, CO 80631 ` 1984 Weld Co. Phoning eniiri ?%ri RE: Z-414:84: 15 Martin Estates Dear Mr. Mayerl : We have the following comments about this proposed P.U.D. : Soils: The potential limitation of each soil was covered in the soil survey information attached to this request. Drainage: A potential subsurface drainage problem exists especially for houses, with basements, near the Spear Canal or in the depression areas in lots 9 and 10. This can be overcome with proper engineering and design. Part of the north-east corner of this proposed development is in the ponding area of the old Dougan Reservoir. Has this dam been breached or does it have an outlet to keep water from ponding in the old reservoir area? Erosion and Sediment Control : When bare, these soils are highly susceptible to winderosion. An erosion and sediment control plan should be developed stating how erosion will be controlled before, during and after development. The statement under "Dust" in the Covenants partly covers the after develop- ment part. The plan should also cover water runoff from roads, driveways and other hard surface areas. This water runoff should be safely disposed of. Sincerely, Clyde b4't, 1/ice-President Board of Supervisors CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT { Case Number Z-414:84:15 �tt —S V O1 .RTMEN7 OF PLANNING SERVICE _ PHONE 1303)3564000 Ext-4400 91510TH5TREE1 ---'!z,y t- t GREELEV,COLORADO 806-,1 Vli (1111 �U 1984 November 21, 1984 • COLORADO Weld Ca.Plums cnmm155169 REFERRAL ,.ab•. TO WHOM I7 MAY CONCERN: • Enclosed is an application from Martin Estates for a Change of Zone from Agricultural to Planned Unit Development (P P n 1 The parcel of land is described as part of the Six, Section 12, TIN, R66W of the 6th P.M., Weld County, Colorado The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Fort Lupton: west of Weld County Rnad 17 and north of Weld County Road 10 This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration ofyour recommendations. If a response from your office is not received within 14 days of mailing from our office, it 3afn1^1 v0'r01Nas-1414 may be interpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address li above above. Please reply by December 5, 1984 so that we may give full to your recommendation. 1. .We have reviewed this request and find that the request (does/ does not) comply with our Comprehensive Plan for the following reasons: faCCliwtgc7D Afr(00y,- Area is beynmd req.-n .ale k✓uice ekre.Cc, and Ma-inr Plah bourrl4ry. 2. We do not have a Comprehensive Plan but we feel this request (is/ is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you ^bltel' prior to 4. Please refer to the enclosed letter. / /.�/j/v//7 Fats Lurk,' Signed /� '/( `/` 1 Agency Clamming GoMN. Date II-Z$-S4 Mee4in5 (I/37/S4 Thank you very much for yourhelp and co-operation in this matter. 7,(n�s R. Mayerl, Curre �nner SRN::rjg , I Atizi-r WokTo Planning Department Date 12-6-84 COLORADO From Mary Paulson, Environmental Health Sperialicr Subject: U.S.R. Z-414:84:15 The following item must be included in the plans for this proposed subdivision: 1. All individual septic systems :must apply for a Weld County Individual Sewage Disposal System Permit prior to installation. ill15.--s�'a ri\ty7 r� [1 �C o 1984 1 L Weld Co. Plana commission DEPARTMENT OF PLANNING SERVICES 41 PHONE (303)3564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 M14 `ft t �4'F aM1� COLORADO' NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on T„ecday December 18 1984 at 1:30 p.m. to review a request for approval of a Chang? of 7nne from Agricultural to Planned Unit Development (Recidential—One llges by Rightk for Martin Fstatec on a parcel of land described as part of the Sc Sec-tic-1n 12 TIN Rh6W of the hth P.M_ , Weld County, Colorado. Lying easterly of the Speer Canal containing 123 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 18. 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: December 6, 1984 --Th Received by( —_. "-- .177%;;2'..e7/7 ` j., '/7 /l Date: j L GA We the undersigned wish to be counted as being against the proposer: development of Partin Estates; Pt. S Section 12, T1N, R66R because we feel that it would (1) Destroy our neighborhood environment and country atmosphere; (2) 3ring in more neighbors, thus creating more congestion and traffic; (3) Destroy the open space and view on our north side; (4) Cause extreme hardship during and after development with blowing dust, noise, traffic, and strangers in our neighborhood; and (5) Be a difficult development to sell, thus lowering the property values in the whole area. lit .1 //i /- i9Lt1 ( - zx-£let14-LJ ji\c, 4 l\ `)(k 2%`z f zt-I tagt DEPARTMENT OF PLANNING SERVICES PHONE (3031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 • #• f V6 ` ' . r .v 6n .' fee. +?•y COLORADO September 17, 1984 Burl Van Buskirk J L "Sears Inc. 140 Denver Avenue Fort Lupton, CO 80621 RE: Martin Estates Planned Unit Development (PUD) Sketch Plan on a parcel of land described as part of the South 1 of Section 12, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Dear Mr. Van Buskirk: Thank you for your sketch plan application for the Martin Estates Planned Unit Development (PUD) submitted on August 17, 1984. The Department of Planning Services staff has reviewed the PUD Sketch Plan for a twenty-three (23) lot residential development. The following review includes the recommendations of staff as well as comments from referral agencies on specific aspects of the proposal. The Planning Staff recommends that the applicant(s) review and become more familiar with the Weld County Comprehensive Plan and the Weld County Zoning Ordinance. The Comprehensive Plan addresses development in the agricultural zone district in Chapter Three, Resource Management Policies. The Zoning Ordinance lists the requirements and intent of the PUD Zone District in Section 35. Based on the submitted Sketch Plan material, the Planning Staff could not support the proposed Planned Unit Development. The reasons for this position are listed below. 1. The proposed PUD is not consistent with the Weld County Comprehensive Plan. As stated on Page 44 in the Comprehensive Plan: "Residential development in rural areas necessitates an increase of public service to that area. More people in the area demand greater expenditures for educational facilities, for sewer and water facilities, for police and fire protection and for other services. If the services and facilities in the area are not capable of accommodating -the increased population, capital construction costs for new facilities and services are involved. The costs of such expansion will, in the end, be placed upon the taxpayer; for, as shown by many cost-benefit studies, it is unlikely that the increased tax base resulting from the development of the land will increase revenues to the point of paying for the required new facilities and services." This concern is reflected in the policies and the objectives of the Comprehensive Plan. Policy Number Three (3) on pages 48 and 49 of the Agricultural Section of the Comprehensive Plan states that: "In order to minimize conflicting land uses and minimize the cost of new facilities and services to the tax-payer, industrial, commercial, business and residential development will be encouraged to locate adjacent to the existing 27 incorporated towns and in accordance with the comprehensive plans and stated wishes of each community. Where new developments desire to locate in the rural areas away from the existing municipalities, they will be required to justify their development with a detailed plan (Planned Unit Development) accompanied by an economic impact statement and an environmental impact statement prepared by recognized experts, showing all details of how the proposed development would affect the local and county's economic base, the tax revenues and cost of public services such as schools, utilities, roads and health services, and the immediate and longterm impact on the existing environment." The concern is also reflected in policy number one of the Urban Development - Residential Section which on page 59 of the Comprehensive Plan states that: "New residential developments which are not closely connected to and served by municipal utilities and services shall be discouraged". 2. The application does not meet the intent of the PUD District. The Planned Unit Development (PUD) District is intended to allow an alternative means for property owners to apply flexibility in developing their land which may not be possible under the normal application of the Zoning Ordinance and Subdivision Regulation. The PUD District is not intended to be used to circumvent or distort the policies and objectives of the Weld County Comprehensive Plan, the Zoning Ordinance and the Subdivision Regulations. The objective of the PUD (Planned Unit Development) District are to: encourage flexibility and variety in the development of land to promote its most appropriate use; improve the design, character, and quality of new development; facilitate the adequate and economical provision of public and private services; preserve the natural and scenic features of the development area; encourage an integrated planning approach; and ensure compatibility with Weld County's Comprehensive Plan and Subdivision Regulations. 3. The application does not meet the Performance Standards of the PUD Zone District. All PUD applications are required to meet the Performance Standards of the Zoning Ordinance as defined in Section 35.3 Performance Standards. One of these requirements is the utilization of common open space. As stated in Section 35.3.2 of the Zoning Ordinance: COMMON OPEN SPACE shall be provided in a PUD District. The amount and type of COMMON OPEN SPACE shall be proportioned according to the type of USES, BUILDINGS or STRUCTURES to be contained in the PUD District. COMMON OPEN SPACE shall be designed to be useful to the occupants and residents of the PUD District for recreational and scenic purposes. The COMMON OPEN SPACE in a PUD District shall be owned and maintained in perpetuity by an organization established solely for such ownership and maintenance purposes. The problems as listed above: consistency with the Weld County Comprehensive Plan, meeting the intent of the PUD Zone District and the requirements of the PUD District Performance Standards need to be further addressed by the applicant. It is recommended that the applicant review those sections of the Comprehensive Plan and Zoning Ordinance listed above. The applicant should also specify the types of residential buildings to be allowed in the Planned Unit Development (PUD) District. As stated in Section 35.2.2 of the Zoning Ordinance: USES within a PUD District shall be described by tract within a PUD District. This description shall give a clear indication of the type of USE to take place within the tract and a brief description of the type of BUILDINGS and STRUCTURES to be associated with those USES. This description shall be in adequate detail to determine density, COMMON OPEN SPACE, maior vehicle and pedestrian circulation, water and sewer facilities, and the buffering or SCREENING. The applicant should in more detail discuss how water shall be provided. As stated in Section 35.3.3 "A PUD District shall be serviced by an adequate water and sewer service". As indicated by the referral from the Division of Water the source of water needs to be addressed in more detail. The applicant should also discuss in more detail how Fire Safety Requirements of the Subdivision Regulations (Section 8-10-C) will be •met. The referral entities contacted by the Department of Planning Services issued a number of concerns and questions. Before the Change of Zone application is prepared, it is recommended that the applicants meet with all referral entities involved in the sketch plan review process. Basic questions concerning water, sewer and roads need to be addressed in the rezoning application. Questions concerning specific site plan design details can be addressed in the PUD Final Plan submittal. We recommend that the applicants do research to determine what easements and rights-of-way exist on the subject property. All easements and rights-of-way should be shown on the land use map. Information about mitigating development impacts on easements and rights-of-way should be explained, if applicable. For your convenience, copies of all referral responses have been attached to this letter. Staff comments and referral responses are not intended to be all inclusive. Other concerns may arise during the PUD Rezoning process. The referral agencies and the Planning staff have tried to identify the major concerns in their review of your sketch plan application. The following referrals have been attached to this letter: 1) Fort Lupton School District 2) Division of Water Resources 3) Platte Valley Soil Conservation District 4) Fort Lupton Planning Board 5) Farmers Reservoir and Irrigation Company 6) Weld County Health Department 7) Weld County Engineering Department The next step in the PUD subdivision process is the Change of Zone application. PUD Change of Zone requirements are explained on pages 20 - 65 through 20 - 70 of the Weld County Zoning Ordinance. The duties of the Planning Commission and The Board of County Commissioners are explained on pages 20 - 57 through 20 - 58 and 20 - 60 through 20 - 62 respectively, in the Weld County Zoning Ordinance. The duties of the Department of Planning Services for a Planned Unit Development rezoning application are explained on page 20 - 57 and pages 20 - 1 through 20 - 4 of the Weld County Zoning Ordinance. Should the applicant choose to proceed to the Change of Zone to a PUD District step the Department of Planning Services requests the applicant to submit the following information in addition to the information set forth in the PUD Change of Zone application. 1. A statement on the expected population density created by the subdivision; 2. A statement with calculations on the average daily vehicular trips (ADT) to be generated by the subdivision; 3. A statement addressing the open space requirement of the PUD District and the utilization of open space by subdivision residents; 4. A statement as to why the Planned Unit Development (PUD) process was used instead of the subdivision process and how this concept meets the intent and performance standards of the PUD District; 5. A statement explaining how soil erosion will be mitigated. The above requested statements are in addition to the required supporting documents listed in Section 28.5.2.4 of the Zoning Ordinance. If there are any questions about the sketch plan review or the Change of Zone application, please call or write. Your sketch plan application will be kept in our active files for further reference. Sincerely, James R. Mayerl / Current Planner Planner Enclosure JRM:rm l{. ! �,//� -Ji;il OF COto ��]t)a Q, en eel ta voila RICHARD D.LAMM f r9 * JOHN W. ROLD GOVERNOR # �xt�ua -* DIRECTOR 1876s COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 December 17, 1984 Mr. James Mayerl Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Mayerl : RE: MARTIN ESTATES SUBDIVISION We have received and reviewed the plat, water well logs and attendant infor- mation for the proposed zone change. Additionally, we reviewed coal resource information for the area. It appears from these reports and the water well logs that coal is located beneath the property at 700 to 800 feet. This depth is too great for stripable coal resources. At the surface, the site is underlain by wind blown silt and sand. This material may compact when loaded and may not provide a suitable medium for standard on-lot sewage disposal systems. This material is also susceptible to wind and water erosion. To adequately assess the geologic condition that will affect development, we recommend that a geotechnical report be completed for this development at the preliminary plat stage of development. A potential constraint to development may be the availability of water. Senate Bill 35 requires that a suitable source of water be available for subdivisions. The water well logs indicate that water is present beneath the site. We recom- mend that the amount and legal right to an adequate water supply for the 23 lots, be demonstrated. If these recommendations are followed, we have no objection to conditional approval of the rezoning. Sincerely, Julia E. Turney - Jc/l Engineering Geologist 17 1984 „1 bj Bdetd Co. Plannme ;:nxmisvol, JET-84-127 GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE Hello