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Home My WebLink About860621.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) FOR DON BALDRIDGE AND C.P. RICHARDSON WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , a public hearing was held on the 9th day of July, 1986 , at 10: 00 a.m. for the purpose of hearing the application of Don Baldridge, 5525 East Platte, Colorado Springs, Colorado 80916 , and C.P. Richardson, 3193 Mountain View Avenue, Longmont, Colorado 80501 , requesting a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development with I-1 and C-2 uses) for a parcel of land located on the following described real estate, to-wit: Part of the S# , Section 5 , and part of the N1, Section 8 , Township 2 North , Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 28. 4. 1. 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 . The applicant has complied with all the application requirements listed in Section 28. 1 et seq. , of the Weld County Zoning Ordinance. 2 . The request, with certain notes on the plat, is in conformance with Section 28 . 4 of the Weld County Zoning Ordinance as follows: a. The request for a Change of Zone is consistent with the Weld County Comprehensive Plan. b. The uses which will be allowed under the proposed P.U.D. plan on the property can conform to the performance standards of the P.U.D. District. c. The uses which will be allowed on the subject property by granting the Change of Zone will be compatible with the existing and future development of the surrounding area. 860621 Page 2 RE: COZ - BALDRIDGE/RICHARDSON d. Testimony has indicated that adequate water and sewer service will be made available to serve the site. e. The notes to be placed on the plat provide that streets and highway facilities providing access to the property will meet the requirements of the proposed zoned district. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Don Baldridge and C.P. Richardson for a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) on the above referenced parcel of land be, and hereby is, granted subject to the following notes being placed on the Planned Unit Development plat: 1. The Left Hand Water District shall provide the water supply to the Planned Unit Development District. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld County Subdivision Regulations , pursuant to Public Water Supply Systems and Fire Safety Requirements. 2 . The applicant, developer and/or owner' s association shall provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District shall be paved, remain private and must comply with the design standards listed in Section 8-1 and 8-2 of the Weld County Subdivision Regulations. 3 . The applicant, developer and/or owner' s association shall be responsible for providing and maintaining both accesses from State Highway 119 to the Planned Unit Development. Weld County Road 3-1/2 shall be built in accordance with Weld County road standards. The eastern access to the Planned Unit Development is not a County right-of-way. A sixty (60) foot public right-of-way, including a forty (40) foot roadway, shall be improved and maintained in accordance with Weld County road standards. 4 . The St. Vrain Sanitation District shall provide sanitary sewage disposal service to all lots within the Planned Unit Development District. 860621 Page 3 RE: COZ - BALDRIDGE/R.ICHARDSON 5 . The applicant, developer , and/or owner' s association shall construct right-turn deceleration and acceleration lanes , median left-turn lanes and left-turn acceleration lanes at both accesses to State Highway 119 , in accordance with State Highway Department Design Standards. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A.D. , 1986 . �.•, � BOARD OF COUNTY COMMISSIONERS ATTEST: +`^ WELD COUNTY, OLORADO Weld County Clerk and Recorder � _ ` ��j��,G (NAY) and Clerk to the Board J:cque�:� . • Chairman J o � (AYE) BY: _-JO7p—!lZ-Lr2- IJ- �� G. r �.�'el✓, Lai' j•-Tem eputy County Jerk (AYE) APPROVED AS TO FORM: ene R. :ran ner � i (AYE) / / C.W/��irbyJ16: ounty y Attorney -<:::) C� bfJ✓`"a�(7 i(AYE) Ff ank Yamagii 860621 HEARING CERTIFICATION DOCKET NO. 86-35 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO P.U.D. (PLANNED UNIT DEVELOPMENT) - DON BALDRIDGE AND C.P. RICHARDSON A public hearing was conducted on July 9, 1986, at 10:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated May 7, 1986, and duly published May 15, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Don Baldridge and C.P. Richardson for a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) . Lee Morrison, Assistant County Attorney, made this matter of record, and stated that this hearing was continued from June 18 for the purpose of a decision and no further testimony would be taken at today's hearing. Gloria Dunn, representing the Planning Department, reviewed the Planning Commission's recommendation that this request be denied. Ms. Dunn also explained the areas which are considered at the time approval of a P.U.D. Final Plat is considered. Chairman Johnson reviewed the concerns the Board had at the hearing of June 18. Ms. Dunn stated that the Planning staff had prepared conditions recommended to be placed as notes on the plat should this request be approved and read those conditions into the record. Commissioner Lacy suggested that Condition #3 be amended by including that Weld County Road 3} is to be maintained by the developer. After discussion, it was the consensus of the Board that maintenance of the access roads, as referred to in Condition #3, applies to Weld County Road 3}. Mr. Morrison indicated to the Board that notes placed on the plat have additional significance in a Planned Unit Development since these notes would be considered when approval of the Final P.U.D. Plat is considered. Commissioner Kirby moved to approve the Change of Zone from A to P.U.D. as requested by Don Baldridge and C.P. Richardson, subject to the Conditions recommended by the Planning staff being placed as notes on the Plat. He reviewed the standards for a Change of Zone to a Planned Unit Development. The motion was seconded by Commissioner Brantner. John McCarty, of McCarty Engineering, came forward to represent the applicants and respond to the Conditions being added. He stated that he has been in contact with the applicants and they see no problem with the addition of these Conditions being placed on the plat as notes. Chairman Johnson stated that she feels that this request is not consistent with the current Weld County Comprehensive Plan; therefore, she will vote against the motion. Commissioners Brantner and Lacy both stated that they feel the current zoning of this property may be faulty and they will support the motion. The motion carried 4-1 on a roll call vote, with Chairman Johnson voting nay. 860620 Page 2 RE: COZ - BALDRIDGE/RICHARDSON This Certification was approved on the 14th day of July, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: ' 7 ( n nn .ry WELD COUNTY, COLORADO Weld County Clerk and Recorder \ .� \. \�►�►! and Clerk to the Boa d J c4ue' , .e , C irman By: Deputy County Cle G• . ' ' acy, •'r i� Gene R. Brant 'er 1(11A5" rank Yamaguc TAPE #86-49 DOCKET 1186-35 PL0047 860620 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : July 9, 1986 DOCKET it 86-35 DON BALDRIDGE & C.P. RICHARDSON, COZ, A to PUD (10:00 A.M.) DOCKET 4 86-46 0.-STEVEN HANSON USR-HOME BUSINESS (SMALL ENGINE REPAIR) (2:00 P.M.) DOCKET # PLEASE write or print legibly your name , address and the i3OC (as Listed above) or the applicants name of the hearing you are attending . Ne' 1E ADDRESS HEARING ATTENDING / a - - `X;1 ,3K- Lrnt t&- fib' 3-5 a1. 2i INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number J�� ,rQ / Submitted or Prepared Prior to Hearing At Hearing 1. Application (( Pages 2. 61 Application plats) page(s) 3. PPS Referral Summary Sheet t/ 4. DPS Recommendation 5. DRS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. ,3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet i/ 10. DPS Field Check/ " C, y ;� 11.,.3-5p6 �r'D kee6 040 6C' yC c 4/ 12. /-c25---70 -,.n4,—� f e.„..1/2 ✓ 133-3--f� — �-�-- �� '�-se-,.�/- ect`et- —DO ?Cm ✓ 14.3-(0 - . „-- Coco 73i✓is,.c .�/� , waJs. 1.5.,3—/O, A ;- -01-- &ILO G,e c�c /'Cti e I/4:_,,,,,cciii, L..„ ,- _ L.,),,,,,5„)._, _,5 jr 7,1--,----1 , J , C ✓( IV 19. A.C-4 � ck 3 3 a (J) �o. ?91/4 . CY'CI e) a-02_C��a.�c--L 1/./zo. 3 -1Y —St ��efn Lcx I hereby certify that the J() items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items wer 'forwarded to the Clerk to the Board's office on )1\A--cC cP/ 19 40 . Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS ? i- DAY OF yyYis, 6N 1.9 %1 SEAL c\t�, -'et. �octa NO ARY PUBLIC MY COMMISSION EXPIRES f - EXHIBIT INVENTORY CONTROL SHEET Case 4EZrillf (1;16'Z- i `C'c C-C /Y--4. r1/'?c'c' Exhibit Submitted By Exhibit Description B. _ /"if/.G?::�Y',/il",(� -C'/)'J?�l�C',[!�v f'j J.cf-u,rr-c2->ycid/-/-17?^.?� .--9, GCLC.l11)-2 x D. C / z�.a?i , e'-� -6a---J / cifie E. ,4,"✓ 4-!�'., f. I JJ /? 4 J [L /L &/,`_1(7/_AJ LAII) CiA7070(4), 194t)fri--14, -- J. R. L. M. N. 0. t ..7.w BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it stow br4E8i4NM41d County Planning Commission that the application for: c3cT 'E1nr--�;--m o' ' 6s, r:, r . I CASE NUMBER: Z-426:86: 1 MAR 21 1986 NAME: Don Baldridge and C. P. Richardson J. 30. hid GREELEY. CO4O ADDRESS: Mr. Don Baldridge, 5525 East Platte, Colorado Springs, Colorado C 80916; and Mr. C. P. Richardson, 3193 Mountain View Avenue, Longmont, Colorado 80501 REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si, Section 5 and part of the Ni, Section 8, T2N, R6SW of the 6th P.M. , Weld County, Colorado LOCATION: Del Camino area; south of State Highway 119 and west of Weld County Road 5 be recommended unfavorably to the Board of County Commissioners for the following reasons: I. The applicant has not demonstrated in the submitted application materials that the proposal is consistent with the Weld County Comprehensive Plan. A. Agricultural Policy #1 states: "Agriculture is considered a valuable resource in Weld County which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential growth. In order to maintain and promote this important segment of the County's economy, the cultural and human values associated with farm life and the overall benefits of an agricultural environment, any uses of prime farmland for uses other than agricultural will be critically reviewed to insure the proposed development will not adversely impact the agricultural interests of the County and that the development will positively contribute to the overall economy, environment and tax base of the County." ,�.r/HA, r Z-426:86: 1 Don Baldridge and C. P. Richardson March 18, 1986 Page 2 The proposal is not consistent with the intent of the agricultural zone district. Commercial and industrial developments in agricultural zone districts create a source of conflict for adjacent farmers who must depend on irrigation ditches, crop spraying, livestock confinement operations, etc. , in the pursuit of their livelihoods. Ninety-five percent of the 83 acre parcel is classified as prime agricultural land, according to the Longmont Soil Conservation District. The historic use of the property is farming. A portion of the soils on the site have moderate to severe limitations, if used for urban purposes. No information has been given by the applicant addressing how these limitations can be overcome. B. Agricultural Policy #2 states: "In order to minimize conflicting land uses and minimize the cost of new facilities and services to the taxpayer, 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." The applicant is proposing to rezone an 83 acre agricultural site to Planned Unit Development for C-2 (general commercial) and I-1 (Industrial) uses. The Weld County Future Land—Use Map indicates that this location is approximately 1.5 miles from the proposed future urban development area of Longmont. The applicant has failed to demonstrate in written materials or oral statements to date that the proposed Planned Unit Development cannot be located in or adjacent to an urban area. Commercial and industrial zoning outside of a municipality's future growth area and public service area will encourage dispersed growth for uses that require urban services. Z-426:86: 1 Don Baldridge and C. P. Richardson March 18, 1986 Page 3 C. Pages 60-61 of the Comprehensive Plan state: "Commercial land use in the County should be limited primarily to those agribusiness functions that cannot be located in a municipality. . .Rural industrial developments should be encouraged only when the industry is agriculturally oriented or requires a physical environment that cannot reasonably be furnished in a municipality." No evidence has been presented by the applicant which demonstrates that there are features unique to the proposed commercial and industrial development which would be inappropriately located in an urban setting or in an area designated for future urban growth. Most commercial and light industrial uses are generally compatible with and accomodated within or adjacent to incorporated areas. II. The proposed Planned Unit Development would not be compatible with the existing surrounding land uses, nor would it be compatible with the future development of the surrounding area as permitted by the existing agricultural zoning and as projected by Longmont's Comprehensive Plan. Uses of the neighborhood surrounding the 83 acre site are agricultural in nature. To the west and north is cultivated land; two rural residences are nearby. River bottom land occupies properties located east and south of the subject parcel, making conditions unsuitable for farming; however, some of the area is used for pasture. The Longmont Landfill is directly south of the property, and an agricultural business is located on the northeast corner of the property. A 30 foot easement runs along the east boundary of the parcel in question and serves as access to both the landfill and agricultural business. The access road to be located at Weld County Road 3-1/2 on the west side of the site does not presently exist. The absence of improved access roads at this location gives further evidence that the property under consideration has not been under pressure to urbanize due to changing conditions in the area. As no commercial uses exist within a mile or more along State Highway 119 and given the existing physical facts about the zoning surrounding the subject property, it is the staff's opinion that the request to rezone would constitute "spot zoning" and would encourage development to "leap-frog" outside of a projected town growth area. Z-426:86:1 Don Baldridge and C. P. Richardson March 18, 1986 Page 4 The Longmont Department of Community Development offered the following comments regarding the Planned Unit Development Sketch Plan application: 1) Concern that the municipal landfill would be incompatible with the proposed uses and be viewed, in the future, as a nuisance to landowners on the subject site. 2) Concern about the proliferation of strip development in an area designated for agricultural uses; the area also serves as a buffer zone between the community and the Del Camino area. 3) Consideration of aesthetics along State Highway 119, and concern for interrupting the free—flow of traffic along a major expressway that serves the city. It is the staff's opinion that development occurring along major transportation routes should be controlled in order for these routes to continue to perform the function of safely moving vehicles at a legal maximum speed limit. III. It is the applicants' burden to prove that adequate sewer service can be made available to the proposed site. According to the application materials, the St. Vrain Sanitation District is expected to provide sewer service to the site; if this method is not possible, the proposed alternative is to use engineer-designed septic systems. The County Health Department, in a memorandum dated February 25, 1986, stated that the use of septic systems at the subject location would be unsuitable due to the soil's slow percolation rate. The 83 acre parcel was not included in the St. Vrain Sanitation District service area. Documentation has been provided giving evidence that the developers have petitioned for annexation into the District. However, no commitment to serve the site has been formalized by the District to date. It is the staff's opinion that the facts stated above demonstrate that the rezoning request is premature. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. Z-426:86: 1 Don Baldridge and C. P. Richardson March 18, 1986 Page 5 Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Harlan Else Louis Rademacher Lynn Brown Don Johnson Doug Graff Lydia Dunbar Paulette Weaver Jack Holman The Chairman declared 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 OF 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 March 18, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 19th day of March, 1986. Bobbie Good Secretary OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000,EXT.4200 P.O. BOX 758 lirD � GREELEY,COLORADO 80632 CZ LORADO March 26, 1986 Don Baldridgc. C. P. Richardson 5525 East Platte Colorado Springs, CO 80916 Dear Mr. Baldridge and Mr. Richardson: Your application for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the S} , Section 5 and part of the Ni , Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will than be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by April i4, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. I _ cm o oo -C A. c_) 4 H co (z C En 6 H Wo ggq a p4 C F4 W Qi Pq o W•n o A Out O ti IITP, g a. � I co 40 u s .. e t1 $ !a 4Ii;iiJliI z $ jfO �o 0111g g F •M ,f ❑ d m X m X P: m '.. 1 PS Form 3811,July 1983 447446rne-ray DOMESTIC RETURN RECEIPT f Iry;`--..9 II 4roi; OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356.4000. EXT.4200 WI P.O. 9OX 758 GREELEY,COLORADO 80632 O COLORADO April 24, 1986 John Zimmerman McCarty Engineering 703 3rd Avenue Longmont, Colorado 80501 Dear Mr. Zimmerman: The application of Don Baldridge and C.P. Richardson, whom we understand you represent, for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the Si , Section 5 and part of the Ni, Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by May 9, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. ,(7,,,'. 7 7� C Lr :: m c. z O `_ a O r cc {z] co O w O w 6 m ;1 E i H > q P z d N H O u a'+ M 0 U c O CD I 1. Oil It I z 0 a ig t S w m e Ir w � rcjiltililjil 0 WUU ZS P6 1- ui p❑ KIILLP N �.'g.g. i t & xZijt¢ Op lax X I. pb PS Form 3811,July 1983 441446 r10,7690 rarr DOMESTIC RETURN RECEIPT y (, OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000 EXT. 4200 ' P.O. SOX%58 GREELEY COLORADO 80632 COLORADO 1 „; ail Mtl ie April 24, 19864.ac\ l�op John Zimmerman Lo. McCarty Engineering 703 3rd Avenue Longmont, Colorado 80501 Dear Mr. Zimmerman: The application of Don Baldridge and C.P. Richardson, whom we understand you represent, for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the Si , Section 5 and part of the Ni , Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by May 9, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 P.O. BOX 758 GREELEY,COLORADO 80632 COLORADO kMAY 5 19& March 26, 1986T. _. Dorn Baldridgc C. P. Richardson 5525 East Platte Colorado Springs, CO 80916 Dear Mr. Baldridge and Mr. Richardson: Your application for a Change of Zone from A (Agricultural) to PUD (Planned Unit Development) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the Si , Section 5 and part of the Ni , Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by April 14, 1986. If we are not iu receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO O-e-titgl;•O4:- S\-.4-,Neothr_ 1.AIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. /r 4 /2 t'J `2 rt lam. AJo00,.a SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 18, 1986 A regular meeting of the Weld County Planning Commission was held on March 18, 1986, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:35 p.m. Tape 234 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Present Don Johnson Present Harlan Else Present Louis Rademacher Present Ann Garrison Absent - Called in Lynn Brown Present Paulette Weaver Present Jack Holman Present Also present: Gloria Dunn, 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 held on March 4,1986, was approved as distributed. CASE NUMBER: Z-426:86: 1 APPLICANT: Don Baldridge and C.P. Richardson REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si , Section 5 and Part of the Ni Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Del Camino area; South of State Highway 119 and west of Weld County Road 5. APPEARANCE: John McCarty, P.E. , McCarty Engineering Associates, represented the applicants. This is an eighty—three acre parcel three miles west of I-25 on Highway 119. It is on an incline above a level valley. It borders Colorado Landfill on the south, and the sloping land on the east goes to the St. Vrain River. Only the west does not have a natural boundary. Its location is at the entrance to Longmont. There would be twenty-seven lots with approximately three acres per lot. Each lot would have some open-space and there would also be common open-space within the Planned Unit Development. The roads within the Planned Unit Development will be maintained privately. The zoning may not be faulty, but the conditions of the area are changing, therefore, the zoning applied to this land at the time the Zoning Ordinance and Comprehensive Plan were adopted may not be the proper zoning for this Summary of the Weld County Planning Commission Meeting March 18, 1986 Page 2 area now. Mr. Richardson purchased this land in 1972. Mr. Baldridge became part owner of the land in 1982. Paula Fitzgerald, McCarty Engineering Associates, reviewed the recommendations of the Department of Planning Services staff and outlined why the applicants are not in agreement with the staff's recommendation for denial. Tape 234 - Side 2 Urban services are available to these lots. It will not be a rural Planned Unit Development. The chairman called for discussion from the members of the audience. David Dority, Executive Director, Longmont Chamber of Commerce, Longmont, Colorado, introduced Jon Zimmerman, Chairman, Building and Future Development Committee. Jon Zimmerman, Chairman, Building and Future Development Committee, Longmont Chamber of Commerce, and an employee of McCarty Engineering Consultants, stated development of this area must be considered as evident and is a natural consequence of development already in the area. Highway 119 is the only major route into Longmont and we need to be sure what is going into this area is going to be aesthetic. Bill Delvecchio, Planning Director, City of Longmont, recommended this project be denied. There is ample vacant space within the Longmont City Limits for commercial and industrial development. Tape 235 - Side 1 Longmont's Planning staff cannot see any benefit to this project being in the County when there is space within Longmont's City Limits. Longmont and Weld County should work together and plan what should be in the I-25/Highway 119 corridor. At the present time, Longmont's Comprehensive Plan does not extend this far east. Lee Morrison asked Mr. del Vechicco if the their objections were to the change of zone because of a lack of planning on Longmont's part or because it does not appear to agree with Weld County's Comprehensive Plan? Mr. Del veccihio stated primarily because it does not agree with Weld County's Comprehensive Plan. The Chairman asked Gloria Dunn to read the recommendation of the Department of Planning Services staff, which are for denial, into the record. Summary of the Weld County Planning Commission Meeting March 18, 1986 Page 3 Tape 235 - Side 2 MOTION: Lydia Dunbar moved Case Z-426:86:1 for Don Baldridge and C. P. Richardson for a change of zone from agricultural to planned unit development 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. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - No; Harlan Else - Yes; Don Johnson - No; Lynn Brown - Yes; Doug Graff - Yes, but he feels the City of Longmont and the County Planning staff need to meet and decide what they want done with this corridor. It appears that at this time this area is outside the City of Longmont's Comprehensive Plan, and what he hears them saying is they want us to continue to house their trash, but we are not sure we want to do anything else along this corridor and that concerns him a little bit, but this is the overall feeling and thought that he gets. He would hope that a discussion between Weld County and the City of Longmont would be held very quickly. Lydia Dunbar - yes; Paulette Weaver - Yes, she does appreciate the applicants efforts to propose a quality development because that is certainly the type of thing we would like to see, but based on the staff's comments and the discussion today it appears this is not appropriate at this time. We do; however, appreciate the effort. Jack Holman - Yes, he feels that he does have to go along with the staff comments on some of the issues that they presented as far as this being not quite the time for a development of this kind in this area. He feels too, that there are other areas that are zoned for industrial and commercial that are available and he does not feel that -we really need to approve one that may not be developed for quite some time and may only be partially developed in the near future and will contribute to more rezoned vacant land. Motion carried with six voting for the motion and two voting against the motion. Bill del Vechicco reported he has called the Weld County Planning Director and the City of Longmont and Weld County Planning Services are scheduled to meet on this problem on Thursday of next week. Lee Morrison stated there will be at least one major public hearing on the proposed Comprehensive Plan and input will be solicited from anyone who is interested. Those who have an interest in this area may wish to appear to contribute towards future plans along this corridor. Summary of the Weld County Planning Commission Meeting March 18, 1986 Page 4 Harlan Else stated he felt that governmental bodies ought to be here to serve the people and not stand in their way, and when two governmental bodies can't get together and solve a problem out there it is unfair to people, like the people who are sitting here, and we have to make a decision like we made today on what may be a problem of our own. And when he says of our own, he includes himself as a citizen and everyone that is involved in this. It seems to him that the two governmental bodies need to get together soon and get this problem straightened out or we are going to have more problems like this. CASE NUMBER: Amended USR-552:86:6 APPLICANT: Colorado Gathering and Processing, Inc. REQUEST: Amendment of a Use by Special Review permit to allow expansion of a gas processing facility. LEGAL DESCRIPTION: Part of the W} SE} , Section 28, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of Greeley; south of Weld County Road 66 and west of Weld County Road 43. APPEARANCE: Tom Norton, P.E. , Norton, Underwood and Lamb, Inc. , represented the applicants. This site has been in operation about two years. This is approximately one and one-half miles east of Greeley City Limits. The applicants would like to add an additional compressor to bring the plant up to full capacity, add a septic tank for the office trailers and an addition fourty thousand gallon propane tank in the southeast quarter of the property. The plant has been rated at ten million cubic feet per day and with the addition of a new compressor the plant will be rated at thirteen million cubic feet per day. The plant can reach thirteen cubic million feet per day now, but there are not arrangements to continue at this capacity. The gas from the plant goes to Greeley Gas Company, West Gas System which is owned by Public Service Company of Colorado, Colorado Interstate Gas, and Energy Gas. There are about three to four truck loads of propane gas taken from the site each day and there should not be much increase in traffic from the addition. The Chairman called for discussion from the members of the audience. There was none. Gloria Dunn announced the staff's recommendation is for approval. The Chairman asked Mr. Norton if they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff? He stated they have and have no objections to anything outlined. DATE: May 7 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 18th day of June, 1986 , at 2: 00 P.M. Docket No. 86-35 - Don Baldridge and C.P. Richardson, COZ from A (Agricultural) to P.U.D. (Planned Unit Development) OFFICE OF THE CLE TO THE BOARD BY: C(/ Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I 71 --Ca'/ ,,,,,„1,77,-A,' Exni '7 a NOT I C E 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. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld 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. APPLICANTS DOCKET NO. 86-35 Don Baldridge 5525 East Platte Colorado Springs, Colorado 80916 C.P. Richardson 3193 Mountain View Avenue Longmont, Colorado 80501 DATE: June 18, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si, Section 5 and part of the Ni, Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado 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: May 7, 1986 PUBLISHED: May 15, 1986, in the Johnstown Breeze :)C 7� 1:xi,i,s1 r �� Pursuant to the zr i laws of the State of Colc and the Weld County Zonin Jrdinance. a public hearing win 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 AFFIDAVIT OF PUBLICATION interested in the following pro- AFFIDAVIT posed Change att of Zone are requested to attend and may be heard. Should the applicant a, any THE JOHNSTOWN BREEZE interested party desire the STATE OF COLORADO ) presence of a court reporter to I 55 make a record of the pro- ) ceedings in addition to the taped COUNTY OF WELD record which will be kept during I, Clyde Briggs, do solemnly swear that I the hearing, the Clerk ted Board's Office can be contacted h am publisher of The Johnstown Breeze; for a list of court reporters treporter in the area. If a court the is that the same is a weekly newspaper oOffice d.shall the Clerk to the Board's printed, in whole or in part, and published such be advised t in writing of action ri least g. five days in the County of Weld, State of Colorado, prior i the hearing. The cost ll and has a general circulation therein; that engaging a court reporter shall be borne by the requesting party said newspaper has been published BE IT ALSO KNOWN that the continuously and uninterruptedly in said text and maps so certified by the County of Weld for a period of more than Weld County Planning Commis- sion may be examined in the fifty-two consecutive weeks prior to the office oCounty Cothe Clerk the Board first publication of the annexed legal notice in the y Weld Couonty ners, at'Centennial l Center. 915 10th Street. Third or advertisement; that said newspaper has Floor, Greeley, Colorado. been admitted to the United States mails as DOCKET NO. 86-35 • second-class matter under the provisions of APPLICANTS the Act of March 3, 1879, or any Don Stldatte 5525 East Platte amendments thereof, and that said Colorado.Springs. newspaper is a weekly newspaper duly Colorado 80916 qualified for publishing legal notices and C P Richardson enue 3193 Mountain View Avenue advertisements within the meaning of the Longmont Colorado 80501 laws of the State of Colorado. DATE: June 18, 1086 That the annexed legal notice or advertise- TIME: 2:00 PM. ment was published in the regular -and entire issue of every number of said weekly REQUEST: Change of Zone from a(Agricultural) to P.U.D.(Planned newspaper for the period of ..L.. consecu- Unit Development) tive insertions; and that the first LEGAL DESCRIPTION: Part of publication of said notice was in the issue of the S1/2, Section 5 and part of the said newspaper (latedS-r./s A.D. IBg4 MaSection West Township 2t NPr Range 68 of the 6m P.M.. and that the last publication of said notice weld county. Colorado was in the issue of said newspaper dated BOARD OF COUNTY A.D. 19 COMMISSIONERS WELD COUNTY, • In witness whey of I have hereunto set COLORADO my hand this ./ day of ..4:7,07eq// .. BY: MARY ANN A.D. 1917.P /J e COUNTY CLERK AND FEUERSTEIN t - RECORDER AND CLERK 1 t C Y / TO THE BOARD s BY: Mary Reiff, Deputy Publisher DATED: May 7, 1986 PUBLISHED: May 15, 1986, in the Johnstown Breeze Subscribed and sworn to before me, a Notary Public in and for the cpunty of We State of Colorado this ../4?.. day of ...�j ..,A.D. 19c6../. Notary Public. My commission expires - .:eF Joe ta, 1931 My Corvnis fir, 2 South P-,,.h c.ee..e - lohrsfow n. e • r .-e q AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder I, Brad B., Zimmerman do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in PUBLIC NOTICE the City of Longmont, County of Boulder, State of Colorado, Pursuant to the zoning laws of the State of Colo- rado and the Weld County Zoning Ordinance, a and which has general circulation therein and in parts of Boulder public hearing Will be held in the Chambers of the Board of County Commissioners of Weld County, and Weld Counties; that said newspaper has been continuously Colorado, Weld County Centennial Center, 915 10th Street,First Floor,Greeley,Colorado,at the and uninterruptedly published for a period of more than six months time specified.All persons in any manner inter- nextprior to the first legalinter- ested in the following proposed Change of Zone publication of the annexed notice are requested to attend and May be heard. of advertisement, that said newspaper has been admitted to the snuld the applicant or any Interested party desire the presence of a court reporter to make a United States mails as second-class matter under the provisions record of the proceedings,in addition to the taped record:which will be kept during the hearing,the of the Act of March 3, 1879, or any amendments thereof, and Clerk to Me Bb'ards'OHkecElfbecontected fora list of court reporters in the area. If a court re- that said newspaper is a daily newspaper duly qualified for publishing porter lsobtained,the Clerk to the Board's Office shall be advised in writing of such action at leaSt legal notices and advertisements within the meaning of the laws five days prior to the hearing.The cost of engag- ing a4c0urt reporter shall be borne by the request- of the State of Colorado; that copies of each number of said ing party. newspaper, in which said notice or advertisement was published. certified EieTd by she Weld CouN nty PlanningdCommis- were transmitted by mail or carrier to each of the subscribers the t may ofe County examined in Commissioners,e to atedk to io Board of ne e offsoffice located in of said newspaper, according to the accustomed mode of business ttheeeeWteldT a FnttyyrCenKlayal- Center, eColorado. 915 10th Stin this office. DOCKET NO.86-35 APPLICANTS e That the annexed legal notice or advertisement was- published 5525 East Plan te SI.V1!VSL1J Colorado Springs,Colorado 80916 in the regular and entire editions of said daily newspaper XiXXXKX C.P.Richardson 3193 Mountain View Avenue- Longmont,Colorado 80501 NWO XIXAT ) M MIDXX)XXXX)Q CW( for the period of 1 DATE:TIME: June 18,2:00 8,1986 REQUEST: Change of Zone from A(Agricultu- ral) to P.U.D. (Planned Unit De- velopment) consecutive insertions; and that the first publication of said notice LEGAL DESCRIPTION: Part of the 5h, Sec- tion 5 and part of the Nib,Section 8, Township 2 North. Range 68 was in the issue of said newspaper dated June 5 West of he 6th P.M.,Weld County,Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO 1986 and that the last publication of said notice was in BY,MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD the issue of said newspaper dated J.une...5 , I9.8b DATED: Mn BY: Mary Reiff,Deputy May h,1 a ��/�//� Published in the Daily Times Call, Longmont, ( —" Colo.June 5,1986. . Assistant Business Manager Subscribed and sworn to before me this 5th day of June 19 86 Notary lic 6 1. FEE $ 27, 54 c��otARR `a MY COMMISSION EXPIRES • DECEMBER 16, 1989 717 - 4th AVENUE LONGMONT, 1. J'0 in.,Li T1 COLORADO 80501 l ".�w�... . ,. .... F 1-1300-02 ' EXHIBIT BALDRIDGE RICHARDSON R. U. D. COUNTY COMMISSIONERS' HEARING JUNE 18, 1986 G The following is in response to the Weld County Planning Staff recommendations for denial of the request to rezone the property at Highway 119 and County Road 3 1/2, owned by Don Baldridge and Cordell Richardson. Statement I. A. expresses the following concerns: 1. Preserving prime agricultural farmland. 2. Avoiding uncontrolled and undirected growth. 3. Preserving cultural and human values associated with farm life. 4. Conflicts with adjacent farmers. The suitability of soils for development. Our response to these concerns are outlined as follows: 1. This property is not prime agricultural farmland. Designation as such may appear on a soils classification reap, but the information we have obtained shows otherwise. This property is at the very end of the irrigation ditch system and irrigation water has at times been inadequate. According to the farmer who has farmed this property for a number of years, this land is not prime agricultural farmland. Bringing farm equipment to the site has been a problem due to the traffic along Highway 119. Farming in general has become less profitable over recent years on relatively small parcels such as this one. The need for larger acreages, which enable farming to occur with greater economies of scale, is part of the trend toward cheaper farmlands farther away from major transportation routes. L. The Baldridge-Richardson P. U. D. is an example of the development process responding to the need for controlled and directed growth. The site planning of the this project shows that care has been taken to provide landscaped open spaces and buffering along the highway frontage. This buffering is planned to provide a visual barrier between the development and highway traffic. As a prime developable property along the corridor connecting the Del Camino interchange at I-25 with the outskirts of Longmont , the developers feel that it is important to establish aesthetically pleasing visual precedence. The draft of architectural covenants concerning aesthetics and design were also made a part of this submittal to further control and direct the quality of this development. As a Planned Unit Development, the planning staff, Planning Commission, and County Commissioners will have ample opportunity to judge and guide the progress of these design concepts, should this project be permitted to proceed to the specifics of the P. U. D. Plan Review process. 3. Although we agree with the precepts of preserving the cultural and human values associated with farm life, we are hard pressed to discover how this issue relates to this project. There are no farmhouses, farm buildings, schools, churches, shady lanes, or swimming holes or, or near the property. This type of ambiance, existing in other rural areas of the County, cannot be encouraged on this property found between a four lane limited access highway, and a landfill. We do not believe that approval of this project would in any way detract from the community values and quality of life which professionals serving in both public and private sectors wish to preserve. 4. The development of this property as a Planned Unit Development will not conflict with adjacent farmers. This propery is bounded on the north by a four lane limited access highway, on the east by river bottom land not suitable for farming, on the south by the Longmont land fill and additional river bottom land, and to the west by farmland. This farmland is accessible by historical access points off Highway 119. The hazard of this type of access grows as traffic flows along the highway increase with the general population. The extension of Weld County Road 3 1/2 as proposed for this project could provide safer and better access to this farmland to the west . We see this project as providing an opportunity to enhance, not detract from the one area of contiguous agricultural use. The existing commercial facility on this property, is an agriculturally related business which has already established a precedent of commerce relating to the agricultural community. The irrigation ditch on the property is literally the end of the irrigation line. Its closure would therefore have no adverse effect upon the irrigation system. There are no livestock operations in the vicinity. Crop spraying operations, which might be necessary with the agricultural land to the west, could be coordinated with the predictable use schedule of a commercial P. U. D. , as opposed to a residential development which has a 24 hour per day occupancy. We therefore do not believe that this project will be a source of conflict with adjacent farmers. 5. We have analyzed the soils on the site by studying the soil classifications and characteristics as presented by the U. S. D. P. Soil Conservation Service. The predominant soils have moderate to low shrink/swell characteristics and varying potentials for development from good to poor. Throughout this region which is laced with expansive clay soils, geotechnical reports often describe these conditions. This problem is so common, in fact, that recommendations for foundation and roadway design are described as a matter of course in soils reports. Meeting the requirements of P. U. D. Plan approval necessitates have soil borings taken at selected locations of the planned interior roadways to provide the required engineered street cross sections. The site review process for each individual building site requires that each foundation design be done in accordance with the recommendations of the soils engineer for each building. With bedrock predominantly situated at approximately five feet below grade, the use of caissons and grade beams is common pract ice in the area. From a technical point of view, the soils on this site do not present any special problem or hazard for development. Statement I. H. expresses the following concerns: 1 . Development should be encouraged to locate adjacent to the existing 27 incorporated towns in the County. 2. Development should respond to the wishes of the community. 3. The development will encourage dispersed growth. 4. There are no features which preclude development elsewhere. Our response to these concerns are outlined as follows: 1 . The existing Comprehensive Plan which designated idealized locations for business and commercial development identified 27 areas where such development would be desirable to local communities. Some of these communities are as much as 10 to 15 miles east of Interstate 25. Development seems, throughout history, to have taken place along major transportation routes, due to the ease and simplicity with which such well travelled areas can be accessed and serviced. Highway 119 is a major transportation route from I-25 into the City of Longmont. I-`5 is the single north-south transportation spine in the state of Colorado. We believe that it is reasonable to expect that development of land along the 119 corrider will take place. Although we understand the Weld County Planning Commission, and Staff' s obligation to uphold the tenets of the existing Comprehensive Plan, we believe there are two important factors to consider. The Weld County Comprehensive Plan, recognized as in need of updating to acknowledge the general changing conditions of the County and to respond to the needs of area landowners, is currently being rewritten. This process has already begun, with the first round of public meetings having taker, place or, June 4, 1986. The I-25 and 119 Corridors drew the majority of citizen interest, with 6 out of 13 study groups responding to this 1 topic out of 5 topics of interest. The 6 groups were all in favor of development in this area, with varying degrees of agreement on associated details. Secondly, the Weld County Planning Commission and County Commissioners have approved the formation of the Saint Vrain Sanitation District. The approval of the Sanitation District indicates to us the recognition on the part of the County that this area is indeed in a state of transition, and that development along the 119 Corridor is sanctioned and is indeed being encouraged. 2. In light of the presently occurring process of revising the Comprehensive Plan, the approval of the Sanitation District, the number of citizens taking an active role in making their opinions in favor of development in southwest Weld County known, we conclude that development in this area is a direct response to the wishes of the community. 3. This development will not encourage dispersed growth. On the contrary, it will encourage development of areas in major transportation corridors, with utilities and municipal services available, in response to community needs and desires. In areas of transition, it is easy to look at the first rezoning projects as spot zoning, or dispersed growth. The alternative to clustered development would be continuous strip growth. We believe that a continuously developed strip from Del Camino into the City of Longmont is neither desirable or possible. Natural features such as river bottom lands and flood plain areas, larger agricultural areas and lands designated for non-developed uses will create a wide variety of land uses and views of the natural environment along 119. We envision a mix of zoning types, densities, and natural features occurring in a planned process, monitored by the County, as an asset to the Community. We believe that the planning and design standards submitted with the Haldridge-Richardson P. U. D. project represent a sincere attempt to generate a quality example of development by way of the Planned Unit Development process. 4. We believe that this project does embody unique features which are not found elsewhere. The land itself is situated in a prime area for development along the 119 Corridor. This corridor is comprized of a matrix of agricultural land, undevelopable land, previously developed land, and open spaces, which provide a unique context for P. U. D. developments within a variety of land uses and densities. In addition, services are available, and adjacent land use can function without conflict with this project. The fact that Industrial/Conmrnercia1 P. U. D. projects have beer, located in urban settings does not necessarily mean that it must follow that a non-urban setting is inappropriate. Just because a project could have been located elswhere does not mean that it cannot be where it is. The uniqueness factor must also be viewed in terms of the uniquness of ownership of the land. The owners wish to develop their own property, not property elsewhere. Section II expresses the following concerns: 1. Incornpatibilty with existing and future land uses, and Longmont' s plan. 2. Absence of improved access roads means that the property is not under pressure to urbanize. 3. Spot zoning. 4. Lcongrncont' s Department of Community Development comments: ( 1 ) Incompatible with Landfill (2) Strip development. (3) Aesthetics along 119, and free flow of traffic. (4) Development should be controlled for highway safety. Our response to these concerns are outlined as follows: 1 . As we have previously discussed, we do not see that this project is incompatible with existing land uses. Again we are in a situation of transit ion between the old and the new Comprehensive Plan, and the changing conditions of the area. Since no definite land use plan for the future exists or has ever existed, we find it difficult to respond to the argument that this project will be in conflict with future development. We feel that it is safe to conclude that the creation of the Sanitation Distict was achieved -to service non-agricultural uses. We must surr,iize that future development in this area will be of a residential, commercial, or industrial nature. As we understand the intent of the revised Comprehensive Plan draft, future development in the area will take place by way of the P. U. D. process, which will allow the County to carefully direct and monitor the progress of future development in the area. In regard to the plans for the area generated by the City of Longmont, we do not see Longmont' s Comprehensive Plan addressing this area. This area is outside cf the Longmont Planning Area, the Committed Service Area, and the St . Vrain Planning Area. We can understand a reluctance an the part of a municipality to relinquish authority regarding planning matters, but we have yet to see the fruits f a cooperative planning effort coordinated between the City of Longmont and Weld County. 2. The absence of existing improved access roads does not neccessarily mean that there is no pressure to urbanize. The reverse is also true in that the existance of an improved access road would not by definition prove the the existance of pressure to urbanize. We have provided two access points, one from the road leading to the landfill, and one planned as an extension of County Road 3 1/2, south of 119. In our discussions with the Highway Department, we would be willing to relinquish the two historical farm access paint along 119 in order to develop a controlled access point at 3 1/2. The pressure to urbanize an area is not an easy thing .to predict . It is clearly far easier to assess past development rates than to forecast the future. We have heard, on one hand, that at the present rate of development of P. U. D. projects in Southwest Weld County, there will be no need to rezone additional land for the next twenty five years. On the other hand, the market study prepared along with the submittal materials for the formation of the St. Vrain Sanitation District called for the need for the rezoning of 2, 600 acres over the next 20 years. The truth as to actual market pressures will, like most things, probably be somewhere in the middle. Market pressure, however, is really the domain of the private developer. He is the one who must share both the risks and rewards cf commerce. We feel it is well to paint out that rezoning itself does not take agricultural land out of production, construction does. Rezoned agricultural land will stay in production until the market forces of the changing conditions in the area and economic climate in general call for development and construction. Development will take place within the controls of the P. U. D. process and the Subdivision Improvements Agreements defined as part of the final plan review process. 3. Spot zoning is not necesari ly a derogatory terra when applied to an area in transit ion. The first parcel rezoned in a context of changing conditions is a spot only for as long as it takes for other parcels in the vicinity to respond to changing conditions. We would suggest that spot zoning is a peju:ritive term when applied to an area without an -overall land use plan which would depict a full array of zoning types and densit ies. The absence of such a plan, however, should not preclude changes in an area already designated as appropriate for growth and change. 4. ( 1 ) The Longmont landfill, according to Neil Renfroe who is in charge of solid waste management for the City of Longmont, is to be in use under present conditions for the next two years. The existing landfill would be continued as a demonstration of a composting project while a new landfill would open up to the southwest of the existing one. Both the existing and future land fill areas are over the crest of the hill and downwind of prevailing winds in relation to the P. U. D. property. We believe that an Industrial/Commercial P. U. D. provides an appropriate transitional zoning, as opposed to a single or multi-family residential occupancy. (2) Strip development cannot occur in an uninterrupted and contiguous fashion along Highway 119. There are interruptions provided by undevelopable land, flood plain areas, agricultural lands not planned for development, and existing land uses. Development along this corridor will occur in time, but forever constrained by the ex i st ance of natural land feat ures which will generate discreet clusters of development, rather than a bilateral strip. (3) The aesthetics of our project as viewed from 119 are of great concern to us and our clients. This concern has led to our draft of architectural standards which relate too the use of low and horizontal type structures and the use of earth tone colors. In addition we have provided a landscaped barrier strip along the entire frontage of the property. We are mindful of the importance and precedent setting nature of this project. As one of the first such projects along this corridor, the quality of the project will reflect upon our clients, the County, the visual impression created along the drive into Longmont, and ourselves. With the adage "You never get a second chance to make a first impression" in mind, we intend that this project be a credit to all concerned. The State Highway Department has reviewed this project and is in concurrence with our plan for the two access points as shown at the east and west ends of the property. They would prefer to see the west accessway be aligned with County Road 3 1/2 and suggest that during the detailed aspects of the P. U. D. Plan approval process, accelleration and decelleration lanes would need to be provided to conform to the standards of public safety. There was a concern with insuring that the proposed landscape barrier does not obscure site distances. Their referral did not mention a concern with traffic congestion, in general, or any specific problems which could be attributed to this project. (4) The concern that development along major transportation routes be controlled to promote safe traffic flows is one that we are -confident that the State Highway Department shares. We feel , however, that the appropriate place for development is along major transportation routes, not minor ones. Traffic flow, highway safety, adequate design of ingress and egress facilities etc. are the domain of the State Highway Department. Inasmuch as the Highway Department has no objection to this project we are a bit surprised to hear objections on the grounds of highway safety corning from other quarters. Statement III expresses the fallowing concerns : 1 . Service from the St. Vrain Sanitation District . 2. Slow percolation rates for individual sewage disposal syst ems. Our responses to thes concerns are outlined as follows: 1. The Sanitation District does officially exist, and is authorized to sell bonds. A site has been selected for the construction of the sewage treatment plant, and site application approval is pending. A bond anticipation note, in the amount of $500, 000. , for land acquisition, engineering, and other expenses was recently provided by the Colorado National Bank of Longmont. We have a letter from the St. Vrain Sanitation District expressing a willingnes to serve this project dated March 13, 1986. A formal petition for annexation into the Sanitation District is required. Although we have received written, and verbal assurances of the District' s willingness to serve, we believe it would be prudent to postpone po=one annexation until the issue of this zoning change has been resolved. Once annexed, the property would be liable for additional property tax assessment regardless of its zoning. 2. The sail percolation rates at this site are not ideally suited for typical individual sewage disposal systems. Engineered systems can be designed to overcame such difficulties. The system already in operation or, this property, serving the Advanced Equipment building is a good example of this. We feel that this really is a moot issue because we intend to be annexed to and served by the St. Vrain Sanitation, District. In conclusion, we believe that we have exhibited a willingness to provide a quality project in ar, area of changing conditions, with great deal of support in favor of development along the 119 Corridor from I-25 to Longmont. This support has been evidenced by the impressive turnout of citizens at the public meeting of June 4th, the ex istance of public groups such as the Southwest Weld Development Council of the Longmont Area Chamber of Commerce, associations of private landowners in the area, and the approval of the St . Vrain, Sanitation District itself. We believe that development is going to occur in this corridor. The developers of this property would like to have the opportunity to illustrate that this project can be an asset to the community and a standard of quality for ethers to emulate. The P. U. D. process provides significant involvement in the planning and design stages to insure that quality standards are upheld. We hope to have the chance to make good on our intentions, and respectfully request that you rule ir, favor of this rezoning. Date: March 18, 1986 CASE NUMBER: Z-426:86: 1 NAME: Don Baldridge and C. P. Richardson ADDRESS: Mr. Don Baldridge, 5525 East Platte, Colorado Springs, Colorado 80916; and Mr. C. P. Richardson, 3193 Mountain View Avenue, Longmont, Colorado 80501 REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Part of the Si , Section 5 and part of the Ni , Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Del Camino area; south of State Highway 119 and west of Weld County Road 5 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: I. The applicant has not demonstrated in the submitted application materials that the proposal is consistent with the Weld County Comprehensive Plan. A. Agricultural Policy #1 states: "Agriculture is considered a valuable resource in Weld County which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential growth. In order to maintain and promote this important segment of the County's economy, the cultural and human values associated with farm life and the overall benefits of an agricultural environment, any uses of prime farmland for uses other than agricultural will be critically reviewed to insure the proposed development will not adversely impact the agricultural interests of the County and that the development will positively contribute to the overall economy, environment and tax base of the County." The proposal is not consistent with the intent of the agricultural zone district. Commercial and industrial developments in agricultural zone districts create a source of conflict for adjacent farmers who must depend on irrigation ditches, crop spraying, livestock confinement operations, etc. , in the pursuit of their livelihoods. Z-426:86:1 Don Baldridge and C. P. Richardson March 18, 1986 Page 2 Ninety-five percent of the 83 acre parcel is classified as prime agricultural land, according to the Longmont Soil Conservation District. The historic use of the property is farming. A portion of the soils on the site have moderate to severe limitations, if used for urban purposes. No information has been given by the applicant addressing how these limitations can be overcome. B. Agricultural Policy #2 states: "In order to minimize conflicting land uses and minimize the cost of new facilities and services to the taxpayer, 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." The applicant is proposing to rezone an 83 acre agricultural site to Planned Unit Development for C-2 (general commercial) and I-1 (Industrial) uses. The Weld County Future Land-Use Map indicates that thi / location is approximately es from the proposed future urban development ar f Longmont. The applicant has failed to demonstrate in written materials or oral statements to date that the proposed Planned Unit Development cannot be located in or adjacent to an urban area. Commercial and industrial zoning outside of a municipality's future growth area and public service area will encourage dispersed growth for uses that require urban services. C. Pages 60-61 of the Comprehensive Plan state: "Commercial land use in the County should be limited primarily to those agribusiness functions that cannot be located in a municipality. . .Rural industrial developments should be encouraged only when the industry is agriculturally oriented or requires a physical environment that cannot reasonably be furnished in a municipality." Z-426:86: 1 Don Baldridge and C. P. Richardson March 18, 1986 Page 3 No evidence has been presented by the applicant which demonstrates that there are features unique to the proposed commercial and industrial development which would be inappropriately located in an urban setting or in an area designated for future urban growth. Most commercial and light industrial uses are generally compatible with and accomodated within or adjacent to incorporated areas. II. The proposed Planned Unit Development would not be compatible with the existing surrounding land uses, nor would it be compatible with the future development of the surrounding area as permitted by the existing agricultural zoning and as projected by Longmont's Comprehensive Plan. Uses of the neighborhood surrounding the 83 acre site are agricultural in nature. To the west and north is cultivated land; two rural residences are nearby. River bottom land occupies properties located east and south of the subject parcel, making conditions unsuitable for farming; however, some of the area is used for pasture. The Longmont Landfill is directly south of the property, and an agricultural business is located on the northeast corner of the property. A 30 foot easement runs along the east boundary of the parcel in question and serves as access to both the landfill and agricultural business. The access road to be located at Weld County Road 3-1/2 on the west side of the site does not presently exist. The absence of improved access roads at this location gives further evidence that the property under consideration has not been under pressure to urbanize due to changing conditions in the area. As no commercial uses exist within a mile or more along State Highway 119 and given the existing physical facts about the zoning surrounding the subject property, it is the staff's opinion that the request to rezone would constitute "spot zoning" and would encourage development to "leap-frog" outside of a projected town growth area. The Longmont Department of Community Development offered the following comments regarding the Planned Unit Development Sketch Plan application: Z-426:86:1 Don Baldridge and C. P. Richardson March 18, 1986 Page 4 1) Concern that the municipal landfill would be incompatible with the proposed uses and be viewed, in the future, as a nuisance to landowners on the subject site. 2) Concern about the proliferation of strip development in an area designated for agricultural uses; the area also serves as a buffer zone between the community and the Del Camino area. 3) Consideration of aesthetics along State Highway 119, and concern for interrupting the free-flow of traffic along a major expressway that serves the city. It is the staff's opinion that development occurring along major transportation routes should be controlled in order for these routes to continue to perform the function of safely moving vehicles at a legal maximum speed limit. III. It is the applicants' burden to prove that adequate sewer service can be made available to the proposed site. According to the application materials, the St. Vrain Sanitation District is expected to provide sewer service to the site; if this method is not possible, the proposed alternative is to use engineer-designed septic systems. The County Health Department, in a memorandum dated February 25, 1986, stated that the use of septic systems at the subject location would be unsuitable due to the soil's slow percolation rate. The 83 acre parcel was not included in the St. Vrain Sanitation District service area. Documentation has been provided giving evidence that the developers have petitioned for annexation into the District. However, no commitment to serve the site has been formalized by the District to date. It is the staff's opinion that the facts stated above demonstrate that the rezoning request is premature. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. LAND-USE APPLICATION SUMMARY SHEET Date: March 11, 1986 CASE NUMBER: Z-426:86:1 NAME: Don Baldridge and C. P. Richardson ADDRESS Don Baldridge, 5525 E. Platte, Colorado Springs Colorado, 80916 and; C. P. Richardson, 3193 Mountain View Avenue, Longmont, Colorado 80615 REQUEST: Change of Zone from A (Agricultural) to PUD (Planned Unit Development) LEGAL DESCRIPTION: Pt. Si of Section 5, and Pt. Ni of Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Del Camino area, south of State Highway 119 and west of Weld County Road 5. SIZE OF PARCEL: 83 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received referral responses from the Longmont Planning Department and St. Vrain Sanitation District. It is the Planning staff's opinion that the application materials failed to show that the proposal is consistent wit the Weld County Comprehensive Plan, that the present agricultural zoning is faulty or that conditions have changed in the area to warrant a change of zone. Commercial and industrial growth policies are listed on pages 61 through 65 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 proposed Change of Zone is an example of development "leap-frogging" outside of a projected town growth area. Attached are copies of correspondence received from the Longmont Soil Conservation District, County Health Department, Colorado Geological Survey, and State Highway Department. The Department of Planning Services has received no objections from surrounding property owners regarding this proposal. 12/84 PLANNED UNIT DEVELOPMENT -- SUMMARY CHANGE OF ZONE STANDARDS In a quasi-judicial decision on whether to grant or deny a request for a change of zone for a Planned Unit Development (P.U.D.) , the law requires you to base your decision on specified criteria. Section 28.4. 1 of the Weld County Zoning Ordinance requires the Board to base its decision on the criteria listed below. Please use this sheet for making notes. Before you make your decision, you should make findings of fact based on the criteria. If you wish, you may go into executive session to make findings of fact; however, you may not make a decision on the case in executive session. Ts the request for a change of zone consistent with the Weld County Comprehensive Plan? Will the uses which will be allowed under the proposed P.U.D. plan on the property conform to the performance standards of the P.U.D. District? Wiz_ �Ce- Will the uses which would be allowed on the subject property by granting the change of zone be compatible with the existing or future development of the surrounding area as permitted by zoning and with the future development as projected by the plans of affected municipalities? Can adequate water and sewer service be made available to serve the site? • Are street or highway facilities providing access to the property adequate in size to meet the requirement of the proposedfzoned district? Please see packet for complete text of relevant sections. I i I ; } ii I ; 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; 4 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. Weld County is authorized to regulate Planned Unit Developments by Section 24-67-101, et. seq. , Colorado Revised Statutes, 1973, as amended. 35.2 Permitted Lees in the PUD District 35.2.1 A PUD District may include any BUILDING, STRUCTURE or USF as found to be appropriate under the review and approval procedures in Section 28. DEVELOPMENT "l is allowed only in those parts of a PUP District °1 A which are included in an approved and recorded PUD '-1, Plan. USES within the PUT District shall also be '" subject to the additional requirements contained in rt Section 40, Supplementary District Regulations and Section 50, Overlay Districts. r 35.2,2 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 1 1 take place within the tract and a brief description i 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, major vehicle and pedestrian circulation, water and sewer facilities, and the buffering or SCREENING. i Y i �' ; 35.2.3 Each approved PUD District is considered unique, and the location of USES described by tract within b 4 a PUD District cannot be altered unless an .1 amendment to the PUD District is approved as a new PUD District under the PUD change of zone procedure in Section 28 of this Ordinance. i 35,3 Performance Standards. All BUILDINGS, STRUCTURES and land USES in the PUD District shall be located, designed, used, and occupied in accordance with the standards enumerated below. 35.3.1 Density. The density of land USES within a PUD District shall be designed to be compatible with other USES within the PUD District. Compatibility + ' s, of USES shall be determined by their harmony, carrying capacity, character, and buffering or } SCREENING. r 35.3.2 COMMON OPEN SPACE. COMMON OPEN SPACE shall be provided in a PUD District. The amount and type of COMMON OPEN SPACE shall be proportioned according '" 4. Y, 30-42 N to the type of USES, BUILDINCS or STRUCTURES to be contained in the PUD District. COMMON OPEN SPACF 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. 35.3.3 Water and Sewer Provisions. A PUD District shall be serviced by an adequate water and sewer system. 35.3.4 Circulation. Development within a PUD District shall be designed and constructed to include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space. Pedestrian and vehicular circulation shall relate to the circulation system external to a PUP District. All STREETS within the PUD District, whether private or PUBLIC, shall be designed and constructed to meet the requirements of the Official Weld County Construction Standards and the Official Weld County Subdivision Regulations. 35.3.5 Buffering and Screening. USES, BUILDINGS, or STRUCTURES within a PUD District that would not be compatible with other USES, BUILDINGS, or STRUCTURES within and ADJACENT to a PUD District shall be adequately buffered and SCREENED to make their appearance and operation harmonious to the surrounding USES. 35.3.6 The normal Bulk Requirements for minimum SETBACK, minimum OFFSET, minimum LOT size, minimum LOT area per STRUCTURE, maximum height of BUILDINGS, and LOT coverage may be varied as specified in a PUD District Final Plan. All other performance standards applicable to a PUD District may be required to be as strict as the performance standards contained in the zoning district in which the USE would usually be allowed. 35.3.7 A PUD District and any part thereof which has been approved as a PUD Plan shall be considered as being in compliance with the Official Weld County Subdivision Regulations and 30-28-101, et. seq. , CRS 1973, as amended. The Design Standards and Improvement Agreements of the Subdivision Regulations shall be utilized when applicable to the PUD Plan review and DEVELOPMENT. Certain PUD Plan requirements may differ from those specifi- cally listed in the official Weld County Subdivision Regulations. 111 30-43 Li rx � 41 IA. r4 ✓ ` `/ G - �,euG1 March 13, 1986 Ms. Gloria Dunn Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Baldridge-Richardson Dear Ms. Dunn: At the regular monthly meeting of the Board of Directors of the St. Vrain Sanitation District on March 13, 1986, the Board reviewed the Baldridge- Richardson development. The Board is willing to issue a letter indicating its preliminary commitment to serve the development upon written application to this Board by the owners and contingent upon compliance with the District's policies, procedures, rules and regulations. Because the property is located adjacent to State Highway 119 and to one of the District's proposed lines, the Board will probably require the owners to petition for annexation of the property into the District. If you have any questions, please feel free to contact me at 776-9900. ST. VRAIN SANITATION DISTRICT Aallace H. Grant Chairman and President WHG:ms SAINT—L.DUN 0 p11-6-i 1 ,j 1986 'Held Co. 9lanniiig Guinkrase £.I f 0.1 yr,ortil�r t yerp WE-86-0014 RICHARD D. LAMM * �r GOVERNOR \ * JOHN W. ROLD DIRECTOR 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OFNATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 March 10, 1986 Dept. of Gloria V. Dunn _ 1 Planning Services 7;7 kLLcV 'L II I Weld County 915 10th Street y� ? ] �l IQ8b Greeley, CO 80631 1 l Weld Co. Nanning. Commission Dear Ms. Dunn: RE: CASE Z-426:86: 1, BALDRIDGE AND RICHARDSON On March 7th, I was able to make a site inspection of this parcel of land. My concerns for gravel and the flood plain were negated by this inspection. This parcel, based on geologic concerns, is suitable for the purposed land use. Sincerely, /„.1147:_!..;_71(1. L. R. Ladwig, Chief Mineral Fuels Section dlr:LRL-86-085 GEOLOGY i'�" 72.41 STORY OF THE PAST...KEY TO THE FUTURE etejlr ittite '� rya ` ,� L •� `� �r� DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION - Civic Center Complex / Longmont, CO 80501 (303) 776-6050, Extension 330 \ O O `.LORA9 March 12, 1986 Ms. Gloria V. Dunn, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Baldridge Richardson PUD Dear Ms. Dunn: Please refer to my letter of December 20, 1985, expressing the concerns of the City of Longmont regarding this proposed development. We are pleased that the applicant is interested in providing an aesthetically pleasing appearance from SH119 and would like this concept specified in the design drawings . However, the overall concerns expressed in the previous letter remain: the impact of our sanitary landfill and overall development in the I-25, SH119 area. Thank you again for the opportunity to comment on this proposal . Sincerely, Brian J. Miller, AICP Planner II BJM/gp #2050-8 o ( 5F56q ':AR lr 1980 Weld Co. Planning L`nm III issDou • •••❖••• The March 18, 1986 . Chambet^ • Mr. Jack Holman, Chairman Weld County Planning Commission 915 10th Street, Room #342 Greeley, CO 80631 Dear Mr. Holman: The Longmont Area Chamber of Commerce has formed a committee to study pending and future development along State Highway 119 and the Interstate 25 corridor from the Del Camino area to the intersection of 1-25 and State Highway 66. As chairman of this committee, I have been asked to comment on the Baldridge-Richardson Industrial/Commercial Planned Unit Development currently under consideration by the Weld County Planning Commission. Prior to making specific comments about this project, I would like to make some general remarks related to development in this area. Development has been occurring in the Del Camino Area as evidenced by the previous existence of several businesses and new projects such as the Texaco and McDonald's facilities. Development in this area, and indeed along the 119 corridor into Longmont, must be perceived as being inevitable. Traditionally, development takes place along major transportation routes. With Highway 119 being the single major traffic route from 1-25 west towards Longmont, continued increasing pressure for growth in the corridor is a natural consequence of population growth in the area. The present developments at the Del Camino Area, the existence of business parks in various stages of development along the 1-25 corridor, the pending 500-acre Colorado Jockey Club project, the newly formed Saint Vrain Sanitation District, and the downzoning in Boulder County are all contributors to the changing conditions of the area. In addition, the local business community continues to be desirous of attracting new industries and jobs into the area to help sustain a continued economic growth. In light of the negative effects felt by the community regarding such companies as STC and MiniScribe, it is desirable to increase the number of baskets into which we deposit our eggs. Ultimately, market conditions will determine the success or failure of each business and each development. This is as it should be in a free marketplace where developers assume the risks and rewards of creating new businesses. • LONGMONT AREA CHAMBER OF COMMERCE 455 KIMBARK STREET LONGMONI, ( OLORADO 80501 PHONE 303 776-5295 ACCREDITED Mr. Jack Holman March 18, 1986 Page 2 Attracting new businesses into the area, however, is not the only factor to consider when perceiving new development as an asset to the community. Development along the Highway 119 corridor must also be seen in terms of the fact that the developable land between 1-25 and the City of Longmont is both finite and precious. We must also be concerned with the fact that this is an important gateway into Longmont. The development that takes place here will have repercussions reaching into the next generation and century. The adage, "You never get a second chance to make a first impression" is an important one to consider. The issue then is not whether development will take place along this corridor, but rather how it will take place. We must be prepared to think of development not only in terms of economic impact, but in terms of visual , aesthetic, and psychological impacts as well . The Baldridge-Richardson project has been planned with this kind of thinking in mind. Landscaping and architectural standards have been incorporated into the planning process to respond to the desires of the Weld County planning staff. In addition, these standards represent the "desire of the developers to recognize their responsibility to the community at-large. In light of the changing conditions of the area, the inevitability of growth in this corridor, and the evidence of the desire of the landowners to develop responsibly, I respectfully request that the Weld County Planning Commissioners look favorably upon this development. 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BM\Th17;927 - - 18 � 17 �11489A --. Ib 3 NI\ N)). c.. • •IT— •Q 3—_—_,___ �,ac. tiC .%o �{) L1 v-3 I1 — �\ 499 I493> �_ f 4882 ^`� I )�/ J I � r C/// r,.2.,,,---t .n I is . .'- 'i1. F..; t: fjo-^`. ` J�FJ' caratF 4 44y 4DTI ,,,.'.` v v it r tid"G X f if' .. A = �# ,t • k. .y,� tn`rii-")ilik Kt.tt t. 1.' .. Pp Ta' y •�r..r c3 . ,: .tine , I. }` am,. ✓+.. rs s,� '• i' ."P 'IS A?? .+" it-41" 1F ^►'�• 4144 y' 'J' b * :, '. y , `-4rt-r{H4- r asl¢ F tTtirF' „ A^ r...' t1 to Lira; p 131 • )J. ..l� ,rti"c t�i'c 4 te r a �i IE' s ,tr _ O18 'a M r. .-4, . •, DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 O • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on March 18, 1986, at 1:30 p.m. to review a request for approval of a Change •f Zone from A (Agricultural) t• PUD (Planned Unit Development) from Den Baldridge and C. P. Richardson on a parcel of land described as part of the Si , Section 5 and part of the Ni , Section 8, all in T2N, R68W of the 6th P.M. , Weld County, Colorado, containing 83 acres, more or less. The 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 Cemmissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth 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 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on March 18, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by February 27, 1986 /-147 Received by: l/'✓ Date: 2-/ cz'e% FIELD CHECK FILING NUMBER: S-253:85: 11 DATE OF INSPECTION: December 4, 1985 NAME: Baldridge-Richardson Planned Unit Development REQUEST: Planned Unit Development Sketch Plan LEGAL DESCRIPTION: Pt. Si of Section 5 and Pt. Ni of Section 8 in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: In the Del Camino area, south of State Highway 119 and west of Weld County Road 5. LAND USE: N State Highway 119, cultivated land E Residence, river bottom land S Longmont Landfill, river botton land W Cultivated land, rural residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Highway 119 via a private farm access on the western boundary of the subject site. Present land use is agriculture, with the exception of the northeast corner where Advanced Equipment Center (farm machinery sales) is located. The land is fairly level along the northern boundary and appears to slope up to the center farther south. The east boundary of the property is a 30 foot easement used for access to the Longmont Landfill. By: I/ • Gloria V Dunn Current lanner REFERRAL LIST APPLICANT: Don Baldridge and C. P. Richardson CASE NUMBER: Z-426:86:1 SENT REFERRALS OUT: February 18, 1986 REFERRALS TO BE RECEIVED BY: March 7, 1986 NO SR NR NO SR NR _ County Attorney X St Vrain Sanitation Dist c/e Richard Lyons 1" X Weld County Health Dept. 515 Kimbark Street P.O. Box 978 X Engineering Department Longmont, CO 80502-0978 County Extension Agent V _ X Longmont Soil /� Conservation District Office of Emergency Mngmt 9595 Nelson Road Box "D" _ State Engineer Longmont, CO 80501 Division •f Water Resources 1313 Sherman St. , Room 818 X X Longmont Fire Protection Denver, CO 80203 District c/o William R. Emerson X State Highway Department 9119 County Line Read 1420 2nd Street Longmont, CO 80501 Greeley, CO 80631 X Louis Rademacher Colorado Department of Health Planning Commission membr Water Quality Control Division 13184 Weld County Road 13 4210 East 11th Avenue Lengment, CO 80501 Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 XX Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 X Longmont Planning Department c/o Brian Miller Civic Center Complex Longmont, CO 80501 NO=No Objection SR-Specific Recommendations f el:7?+ NR=No Response k.� ._,.-�.'. FIELD CHECK FILING NUMBER: Z-426:86: 1 DATE OF INSPECTION:: NAME: Don Baldridge and C. P. Richardson REQUEST: A Change of Zone form Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S1/2, Section 5 and part of the NI , Section 8, All in T2N, R68W LAND USE: N E �,d,a 4 t-e _ W 7 ate' w..-.7 ��,,// ZONING: N �Q�� .,e ., LOCATION: In the Del Camino area; south E // l( of State Highway 119 and west of Weld County $ if Road 5 W COMMENTS: GCvrrs� ISY• IACIS p;i WE-86-0014 H RICHARD D.LAMM * * JOHN W. ROLD GOVERNOR iwc.,; * DIRECTOR 187G COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 March 5, 1986 Gloria V. Dunn „")n ! ,;, 1 J 1986 Dept. of Planning Services Weld County 915 10th St. Weld Co. Planning Commission Greeley, CO 80631 Dear Ms. Dunn: RE: CASE Z-426:86: 1, BALDRIDGE AND RICHARDSON We have reviewed this application for a proposed zone change and have these concerns before this takes place, and if it does, to address concerns for the planning of the P.U.D. This area is in the St. Vrain-Boulder Creek stream valley, and is in part composed of sands and gravels. Except for the SCS reports, which generally cover surface soils only, there was no direct evidence that economic sands and gravels are not present under this site. An investigation as to the possibility of sands and gravels, could be com- bined with the preliminary soils investigation that will be necessary for the preliminary plan stage. It would be prudent at this time, also, to submit a map showing the extent of the 100 year flood plain as calculated by the Corp of Engineers, or a like entity. For the preliminary plan stage, it will be necessary to submit a Geo- logic and soils report, percolation test results, profile test results, and a surface water drainage plan. If you have any questions, please call. Sincerely, jam' / r L. R. Ladwig, Chief Mineral Fuels Section d1r:LRL-86-084 GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE /t 1I1E�IORAf DUt� wokTo Weld County Planning Date February 25, 1986 COLORADO From Wes Potter, Health Protection Services 'b0 a Subject: Case Number: Z 426:86:1 Name: Baldridge, Don & Richardson, C.P. Health Protection Services will require the following for this proposal: 1. We require the use of the St. Vrain Sanitation District for sewage disposal at this P.U.D. T,---, eraiThIcip-----7 "' 2' 1986 Weid Co. Plannir� cnmjnission C)1„.,fir,-^n4 Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 March 3, 1986 Ms. Gloria Dunn, Current Planner Weld County Department of Planning Service 915 10th Street Greeley, CO 80631 Re: Bladridge - Richardson PUD Case Number Z-426:86: 1 Dear Gloria: We have reviewed the proposed PUD and have the following comments: Ninety-five percent of the proposed site is considered prime agri- cultural land. If used for urban purposes, 15% of the soils on this site have moderate to severe limitations due to a high shrink-swell potential. Foundations will need to be properly designed to prevent damage to structures. Some of the soils have severe limitations for use of septic tank absorption fields due to a slow percolation rate. Erosion control was addressed under storm water management and should be implemented as well as practicable after disturbance. A windbreak, if established on the western boundary of the site, would in the future provide wind protection, wildlife habitat, and energy savings. The Soil Conservation Service is available for seeding recommendations or windbreak design. We appreciate the opportunity to comment on this PUD. Sincerely, aril. %4. L, 9' . Alva M. Dodd, Jr. President CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT STATE OF COLORADO DIVISION OF HIGHWAYS JEHT OF H P.O. Box 850 & �_" Greeley, Colorado 80632-0850 � Cy (303) 353-1232 March 6, 1986 "`oa, °° ��s of col Ms. Gloria V. Dunn Weld Co. - S.H. 119 Department of Planning Services Baldridge Richardson P.U.D. Weld County 2 mi . W. of I-25 on 915 10th Street S. side S.H. 119 Greeley, CO 80631 Dear Ms. Dunn: DOH FILE 45100 We have reviewed the Baldridge-Richardson application for a zone change from agricultural to P.U.D. , and we refer you to the comments in our November 27, 1985, letter. This rezoning submittal addresses all of our previous comments in a satisfactory manner, and we find the traffic analysis acceptable for the level of information available about this P.U.D. at this time. We agree with the statement in the analysis that, as the project progresses into the development plan stage , additional refinement and supplemental detail will be provided. We have evaluated the projected traffic volumes in the analysis in relation to the State Highway Access Code criteria for turn lanes. Based on the projections, which may be somewhat low, right-turn deceleration and acceleration lanes , median left-turn lanes , and possibly, left-turn acceleration lanes will be required at both accesses to State Highway 119. Traffic signals are the other improvements which could be required. We do not foresee the need for signals unless future development plans indicate significantly higher traffic volumes. Thank you for the opportunity to review this rezoning request. Please contact Wally Jacobson if you have any questions. Very truly yours , ALBERT CHOTVACS DISTRICT ENGINEER n K. Crier Plannin /Environmental Manager cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs _ L -AR 101986 � Weld Co. Planning Commission C MAILING LIST Don Baldridge and C.P. Richardson Z-426:86: 1 Surrounding Property Owners The Great Western Sugar Company A Deleware Corp. P.O. Box 5308 TA Denver, CO 80217 Shirli Mae Hayes Charles R. Hayes 0998 E. Highway 119 Longmont, CO 80501 City of Longmont Longmont Civic Center Longmont, CO 80501 Donald W. Baldridge Adele A. Baldridge 5525 E. Platte Colorado Springs, CO 80903 JCK Farm, Ltd. , A Limited Partnership 1239 Third Avenue Longmont, CO 80501 Barbara J. Johnson 6170 W. 24th Street Greeley, CO 80631 Vernon Darrell Smith 2010 Highway 119 Longmont, CO 80501 St. Vrain Ltd. a Joint Venture c/o Richard Domenico 8200 W. 67th Arvada, CO 80004 MINERAL LESSEES ( 1 . Oil and gas lease between C.P . Richardson, Leo F. Knago. and Il Betty Jo Secor . as Lessors and Buddy Baker as Lessee (later conveyed to Barrett Energy Company) for a primary term of five years, dated February 7, -1980, recorded May 29, 1980 in Book 904 at Reception No. 1826006, Weld County records. This lease was extended beyond the primary term . 2. Oil and gas lease between Donald W. Baldridge and Adele A. � �. Baldridge, as Lessors and Calvin Petroleum Corporation, as Lessee, for a primary term of three years, dated April 3, ,-4 1984, and recorded June 18, 1984, in Book 1033 at Reception No. 1970874 , Weld County records. This lease was extended IV beyond the y primary term . See attached memorandums . L IVZM�CARTY ENGINEERING CONSULTANTS, INC. March 11 . 1986 Gloria Dunn, Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Gloria: Re: Additional Information Requested by Weld County Planning for Baldridge-Richardson P.U.D. Upon the applicants reviewal of your letter dated February 24 , 1986, they have agreed to provide the County with the additional requested information to the level of detail possible at this stage of the submittal . I am resubmitting the sketch plan submitted in December of 1985 for County review with additional detail provided as requested. Please refer to the enclosed drawings for review of our responses to the following reauests from your office: 1 . We have added I-I and C-2 P. U .D. zoning designation on both the Rezoning Plat and the Sketch Plan. This P.U.D. zone will cover the entire 80 ' acre tract . Further restriction of specific uses typically allowed in these zones will be reviewed by the Architectural Control Committee . A visual description of lot sizes, uses and configurations has been provided by resubmittal of the sketch plan. (See note on sketch plan regarding P . U . L . performance standards) . 2. See sketch plan note regarding P.U.D. Performance Standards, as set forth in Weld County Zoning Ordinance Section 35.3, and the sketch plan for notes on the common open space proposed in Block 2. The size, type, and location of amenities to be developed in this open space tract will be detailed at the P.U.D. Development Plan stage . A note on the sketch plan also describes that drainage detention will be handled by means of a centralized pond or by detention on the individual lots. 703 THIRD AVENUE • LONGMONT CO. 8050'1 772-7755/4[39-4373 , Gloria Dunn Page 2 March 11 . 1986 3. The transportation evaluation provided in the narrative accompanying the P.U. D. rezoning application describes adequacy of existing highway facilities to serve the site. It is certainly premature to progress to engineering design detail for the accel-decel lanes prior to dictation by the Colorado Department of Highways as to the need for these lanes. As the accesses to the State Highway are located on the perimeter of the property and as these accesses are proposed to be dedicated to Weld County, it is apparent that adjacent properties will be allowed use of these roads . We believe it is inappropriate to show the level of detail requested by the County on the rezoning plat as rezoning does not address specific development plans and we are not yet to the P.U .D . development plan stage . In addition, we find it difficult to understand why it is staff opinion that specific development issues need to be addressed at the rezoning submittal as these issues are more appropriately worked out at the P.U.D. Development Plan stage . We look forward to having an opportunity to discuss this proposal before the Weld County Planning Commission on March 18. If there are further comments or concerns, please feel free to call me. Sincerely, McCarty Engineering Consultants, Inc. f Paula Fitzgerald, Project Manager PF/sm cc: File #1617. 1 l n l OO _--- P.•- -•_-- • - -_ . .•WELD�UNTY v I Y /M��o AG ICUL TUR4L I • • '/ ONE f •413 ile--5-s. �� .--- Sli: . • .••• n ThinkEr ..• 0,,,,A,._ r____ --� , • _t ';r 4/ . LONGMONT«, 2 I • ��3 �, :;l.�✓iC�.: , • CITY DUMP1 Q., ! N'r 'lir\cril i\ff. .,, in 'SAIL. • -:44..et • 860----9—. — V, \------,_. _ l \ _ ( Lis,,.: �c� I • " — % 'l WELD-•tOUN.... / • .P.RameR i 4, .,„i,.......,...... • , 7 „.- •' Y `zrs ... y.: II ss69 `q :1/4)%1\ % 0 1/2 1 MILE I I I 1 APPROX. SCALE : 1" = 1200' BALDRIDGE- VICINITY MAP RICHARDSON P.U.D. MDCARTY ENGINEERING VA CONSULTANTS, INC. 703 awo AVNNUN LONOMONT, COLo0ADO ■o001 - -_- 77■-7755 METRO •4N-4375 .. -...w..� JON NO 1617_1 DAT. 11-12-85 1 ' 1 PGD (1-LANNED I'NIT DEVELOPMENT) REZONING APPLICATION Dept. of Planning Services A Case pp. Ch'd By: Date Recd: 915 10th Street App. Fee: Receipt : Greeley, Colorado 80631 Record. Fee: Receipt #: Phone: 356-4000, Ext. 4400 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. 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: See Attachment A (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE Agricultural PROPOSED ZONE pUD TOTAL ACREAGE 83 T OVERLAY ZONES None acres SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Don Baldridge Home Telephone 0: Address: 5525 E. Platte Bus. Telephone 0: 574 -6900 Colorado Springs 80916 Name: C .P. Richardson Home Telephone #: 772 -7734 AdCress: 3193 Mountain View Ave . Bus. Telephone II: Longmont 80501 Nave: Home Telephone //: Address: Bus. Telephone U: Applicant or Authorized Agent (if different than above) : Name: Home Telephone 0: Address: Bus. Telephone #: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Oil and Gas lease Name: Buddy Raker conveyed to Barrett Energy Co. Address: 405 Urban St . , Suite 117, Lakewood, Co. 80228 Oil and Gas Lease Name: Calvin Petroleum Corp . ,gka Energy Oil Corp . Address: 1960 Industrial Circle , Longmont , Cn . 80501 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 ) Ocely, ai.I ) gnature: Owner or Authorized nt Subscribed and sworn to before me this 'E—day of /El , 1986 . SEAL My Ccmmission expires: �,/;!Z.1,0c. #9 /91407- N"""`Y PUBLIC I hereby depose and state under the penalties 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 ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this c:7774-day of (9,z , 19 . SEAL NOTARY PUBLIC 4/O( VV Ann i f My commission expires: /0- '-G 17 w �( C, S.Z,T • ` ";:hr" ., • ATTACHMENT A • •••r • •.r•... •n ••1 . • 1••••• • fLLwnVGn WLLie Lw. St71wULi A The Ho, of North. d the y of rth. ►ang. II west of the 6th P. N., and all t 8 that pert ofhSection 5, Township 2 North, Range 68 West of the ith P. M. lying South of Highway No. 119, EXCEPT a tract of land conveyed to The Great Western Sugar Company in warranty Deed recorded September 16, 1975 in Book 74a as Reception No. 1670064, being more particularly described as follows, A tract of land located in parts of Sections 5 and I, Township 2 North of Pangs 6a we.e of the 4th P. M., and being more particularly described as follows, BEGINNING at • point on the West line of the N40, of said Section I from which the Northwest corner of said Section 8 bears N1 .11.30•w a distance of 139.7 .feet, said point being on the South line of State Highway 119; thence along said South line of said highway HR7.28.29•E a distance of 2652.56 feet• thence SO.0a'J4•C and leaving said highway at this point • distance of 20.03 feet to the North ryusrter corner of said Section 6, • thence 50'2!';:•t a distance of 1324.29 feet to a point on South line of said N` of the Ny of said Section 8, thence along said South line 819'07'31•w a distance of 2630.63 feet to a point on the West line of said section; thence N1'O3'li'E a distance of 1167.30 feet to the POINT O► BEGINNING, ALTO EXCEPT a tract of land conveyed to City of Longmont in Warranty Deed recorded May 20. 1976 in Book 767 as Reception No. 1619012, being mare particularly described as follows, That portion of the SC% of the NE% of the NE', of said Section 8, lying Southeasterly of the right of way for ingress and egress hereinafter described. • A right of way for ingress and egress to and from the above described property being 30 feet in width as said right of way exists at the tine of this agreement, said easement being described as running over the Cast 30 feet of the NE% of the NE' of said Section 8, and over • strip of land 30 feet in width being a continuation of the easement above granted and running Southwesterly to the North line of the SE% of the NEB of said Section 8. ALSO EXCEPT a tract of land conveyed to John Vansanten, Cornie Vansanten, aka Cornelius C. Vansanten, and Arthur J. Dykstra in warranty Deed recorded January 14, 1981 in Book 925 as Deception No. 1846678, being more particularly described as follows! A tract of land located in parte of the S'i of Section 5, and the Nos of Section 8, Township 2 North, Range 68 West of the • • 6th P. M., said tract being more particularly described as • follows, • BEGINNING at • point on the East line of said Section 9 from whence the Northeast corner of said Section 8 bears NO0'00'00•t, 31.50 feet and with all other bearings contained herein relative thereto, thence 500.00'00'E 1143.82 feet along said East line of Section 8, thence SS8'10'00• 4 218.37 feet; thence ;l88.40'19'w 1136.31 feet,' along an existing fenceline, thence NOO'00'00•e. 1390.98 feet to a point on the approximate South right of way line of Colorado State Highway 119, thence along a line lying approximately 0.5 feet South of and par..11t1 to the South right of way fence of said Colorado State Highway 119, the following courses and distances, 388.63 feet along the arc of • curve to the right, said arc being subtended by a chord bearing 585.09'SS•E, 318.34 feet, thence 581'19'04'E, 366.26 feet, thence 511.27'S7•E, 238.24 feet to the POINT or CURVE of a curve to the left; thence 338.83 feet along the arc of said curve, said arc being subtended by • chord bearing 584.04.45'E, 338.72 feet to the Poxut Or BEGINNING. • • 8Q111361 Sheet 2 of 6 • SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: A tract of land located in parts of the 5> of Section 5, and the Nh of Section 8, Township 2 North, Range 68 West of the 6th P. M. , said tract being more particularly described as follows: BEGINNING at a point on the East line of said Section 8 from whence the Northeast corner of said Section 8 bears N00°00 '00"E, 31. 50 feet and with all other bearings contained herein relative thereto; thence S00°00 '00"E 1143 . 82 feet along said East line of Section 8; thence S58°10 '00"W 218. 37 feet; thence N88°40 '19"W 1136. 31 feet, along an existing fenceline; thence N00°00 '00"E, 1390.98 feet to a point on the approximate South right of way line of Colorado State Highway 119; thence along a line lying approximately 0. 5 feet South of and parallel to the South right of Way fence of said Colorado State Highway 119, the following courses and distances: 388. 63 feet along the arc of a curve to the right, said arc being subtended by a chord bearing 585°09 ' 55"E, 388. 34 feet; thence S81°19 '04"E, 366. 26 feet; thence S81°27' 57"E, 238. 24 feet to the POINT OF CURVE of a curve to the left; thence 338. 83 feet along the arc of said curve, said arc being subtended by a chord bearing S84°04 '45"E, 338. 72 feet to the POINT OF BEGINNING. • • ._- — A .r --- • • MN'bid S n•••• It 09641 REr nt n.-:ow. 1?'26/132 12:70 16.06 1/002 . F 0016 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO. CO it __—. —_ __.-.____. - ii tt P. raCO and !Cm Jo sr000. whew add,...Is tanganot. County of elder .Sur d it Colorado fur the asa atl II - b ' $Igre-Ro Nut:SAND A-40 110/100/100 ($67.00$.2,000.00)------. II _allii donors.in hand pad.hereby legal end convnf.t to I C. P. 0101,00150g • - r .e kid address ill) M **atab View Avenue. Longmont. County z ,• r: Boulder .and State of Cot.. Ow following ml propertyln the County of Weld .and Stale of CoW edq to wit:II Mashe undivided o - ll latenR /e and to that real i attacL.4 S.hedule Al ea • • j w I ] 'I • 4 64 , .I i � • I� • II mho knows r street and Number ' ,I with all Its appurtenances.and wammb)the title le the wine,ambled se right@ of ray sad easesente of record and ell end gas lease recorded lit leek 104 at Mteptlu I II.. 1626006. Witch lasso la hereby e.elgwd f roe greaten is grantee. I • Slped this 3rd day or March t.1112. II STA771 O7 COLORADO, . ............--•..__ II „ County a balder. II .jlw foregoing instrument arse acknowledged as . led before me this 3rd l`g^ ...... • :.er.4 .If IT,by LM t. RMACA4 eCTr7 JO molt /�. r ' -0-0 •rn/,�fit*ymamnwl**eaplm July 24th. 1114. I. I« Itnrainy heed and official seal Or C-6.+ kale_ 401 Male larees. 'I please send tat aletesent. tot Longmont. Colorado 60501. 1' C. P. Richards**. )11)Roma le tt��l Awew. _ Longlonto_CO..00501.. I • - Na In.Ren.rr D..6-mOrt new-i.oMa 7Wunswg asst R.eu An,yan.at Co Wit--Iwl m4aaeaill / ( . a I - • e Doha RIC 0;004905 03/26/82 ;2 30 96.00 2/002 • F 00;7 MARY ANN rzt26.,r:1 CLCRL. a RECORDER WELD CO. CO 'MEDDLE a The NY of the Nwy end the NS of the NE% of Section 8, Township 7 North, Pang* 68 west of the 6th P. M., and all that part of Section 5, Township 2 North, flange 68 West of the ith P. N. lying South of Righway No. 119, EXCEPT a tract of land conveyed to The Great Western Sugar Company in y Deed recorded Septembe: 16, 1975 in Boot 741 as Reception No. 1670064, being more particularly described as follow., A tract of land located in parts of Sections S and 9, Township 2 North of Range 6s wee* of the nth R. M., and being more particularly described as follows: BEGINNING at a point on the West line of the Nw% of said Section 8 from which the Northwest corner of said Section 8 bears N1'll'30'W a distance of 139.7.feet, said point being on the South line of State Highway 119, •• thence along said South line of said highway N17.28'29'E a distance of 2652.58 feet thence SO'08'34'E and leaving said highway at this point a distance of 20.03 feet to the North quarter corner of said Section 5: thence SO.2! E a distance of 1324.29 feet to a point on South line of said WI of the Ny of said Section 8; thence along said South line N89.07'31-W a distance of 2634.G3 feet to a point on the West line of said section, thence Nl'03.16'E a distance of 1187.30 feet to the POINT OP BEGINNING; ALSO EXCEPT a tract of land conveyed to City of Longmont in Warranty Deed recorded May 20. 1976 in Book 767 as Reception No. 1689012, being more particularly described as follows, That portion of the SE% of the NEy of the NE% of said Section 8, lying Southeasterly of the right of way for ingress and egress hereinafter described. ♦ A right of way for ingress and egress to and from the above described property being 30 feet in width as said right of way exists at the tine of this agreement; said easement being described as running over the East 30 feet of the NE% of the NE'. of said Section 0; and over a strip of land 30 feet in width being a continuation of the easement above granted and running Southwesterly to the North line of the SEy of the NEy of said Section 8. ALSO EXCEPT a tract of land conveyed to John Vanzanten, Cornic Vanzanten, aka Cornelius E. Vanzanten, and Arthur J. Dykstra in warranty Deed recorded January 14, 1981 in Book 925 as Reception No. 1866898, being more particularly described as follows; A tract of land located in parts of the 5y of Section 5, and the NY of Section 9. Township 2 North, Range 68 West of the • 6th P. M., said tract being more particularly described as follows: BEGINNING at a point on the East line of said Section 8 fro. whence the Northeast corner of said Section 8 bears NO0'00'00'E, 31.50 feet and with all other bearings contained herein relative thereto; thence 500'00'00'E 1143.82 feet along said East line of Section 8, thence 5S8'10'00'W 218.37 feet: thence 1188.40'19'W 1136.31 feet. along an existing Canceling, thence NOo'oIP00.t. 1390.98 feet to a point on the approximate South right of way line of Colorado State Highway 119: thence along a line lying approximately 0.5 feet South of and p.rcl_•al to the South right of way fence of said Colorado State Highway 119, the following courses and distances, 388.63 feet along the arc of a curve to the right, said arc being subtended by a chord bearing 585'09'55'E, 388.34 feet, thence 581'19'04'e, 366.26 feet: thence 581.27'57'E, 238.24 feet to the POINT OF CURVE Of a curve to the left, thence 338.83 feet along the arc of meld curve, said arc being subtended by a chord bearing 584.04'46'1, 338.72 feet to the POINT OF BEGINNING. : - I J ••iCa�� VAN ZAhT�.' whCLe address i 2007 17th Street, =GTCgr Pock Valley, County of Sioux ,. COc-,NI^a VAN 2A.T`EH, also known State of retie 51.?47 one D''��'^!ntory Fee ) VAN �•n as lTthr•Jtreleos t,E. Oct.a . �'.E�l '3 T.ANTEa whose addres Is 2C07 17th Street - et Rook 'Alley, County of Sioux, State of Iowa 51247 S •-•lam CV Ondve e �oTRA whose address ±a 4042 South � of Colorado Street, City and County of Denver, State 0f n�^tDRED 580237, for the consideration of ' _ IXT'! TrOUSAt:D AND NO 3 n hand paid, hereby sells and n00 DtovAR,g, conveys to DONALD W. BALPRID0E AND ADSLE A. __ f .whose legal address is 5525 K. atte,IColo as joint tenants and State of Colorado the tollowirtte, Colorado Springs, County of ,.? and State of Colorado, -g real property in the Co•,mt of Weld, sao i to wit: f. A tract t Se tact a, Township land located in parts of the Si of Section 5, und the ti of I . Township 2 North, Range 68 West of the 6th P. A., said tract t being more particularly described as Sollots: BEGINNING at a point on I 4 the Fast line of said Section 8 frem whence the Northeast corner of said 1 1 Section 8 bears NO0°OC'00"2, 31.50 feet and with all other bearings con- t tamed herein relative thereto; thence S00°oo'oo"E 1143.82 feet along r said last line of p Section 8; r. ; e NtFi 40'19"W 1136.� thence S5V°10'00"W 218.37 t '390.99 feat to a pointtonatthe approximateg an o gSouthrrigh way ofewtline0o'Op^E, Colorado State Highway 119; thence along a line right of i line of feet I South parallel to the South right of racy approximately said, 0.5 r Cfolt along the t arc of a 9, the following courses and distances: 3 I 4 a chord -bearing s65of curve to the right, said arc being subtended 63 t S 9 55"E ; At' feet; •thence 381°2 " ' 338 feet; thence wl°19'04'g, 366.26 by to the left; thence 57 E 2.83 feet afenneggt to the POINT OF CURVE of a curve t �NZ�9 being subtended btededby a3 chord bearing o234004'45w of 3817 cf2 ett, said arc f POINT BEGINNING. 1.48 shares of the capital�stock 7of Oligarchy 7 shares of Norths-n Colorado Water Conservation District, a { y. with all. its a same, J' Meet Co; �. to: Rights orpclaimes ofepartiesx+mots she ninot sh theth subject records. possession not shown by the public 4 1 Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroch- ny which a correct survey and ins the premises would diaclore and which are not heen by inspection ofec t fnyo lien , oorarightofurnished,lien, for services, labor, orgctteria rhereto- lm imposed by not tebynl hereto- fore t f records. law and shown by the public 1 Taxes due and payable; and any tax, special a3aeaa:aerta, charge or lien [p. 3 district. onedfor water or sewer service, L or for any other special taxing i Bights of way for county roads 30 feet wide on each aide of Section and Townrhlp lines, as established by order of the Board of County Commits- JRieht Sioners or Weld County, recorded October 14, 1689 in Book 86 at Page 27 t n,Y or restrict each and every t the Land denyinsured hereby, right of access to and fro= 3 e±gnr.ted as directly onto along street or high*_, de- Colorado State Highway No. I described as follows: 119, or across a line S CU 2 2 Eec. 2 Parcel No. '2 e • g nn ng at -a po :� on Sovtherl Line Range 68 West of the 6th P. N., from froaewh eth on { Section 8 bears 31°11'30"W, a distance ieetcor 2 North, which the Northeast corner of I Thence 2t6 ° • of feet to feet; foot access opening E, a distance of 30.5 the center of a 24 which is excepted a from this access feet to limitation; r Thence continuing b67°38'E, a distance of 885.0 i + center of a 24-toot actress opening which is excetedfrom tthis e limitation; center of Thence continuing U87°38!E, a distance of 1,047.00 feet to the limitations 24-foot access opening which is excepted from this access {Theof a <^ ncetcucenuingN87°38'E, a distance of 713.0 feet to the center Thence Continuig opening which is excepted from this access limitation; ' clot g NZ 38 E, a distance of 8.48.1 feet; Thence5,630.0`0 feet, a distance o arc f 188.6 feet toe to theof a 24-foot access opening having • radius of i chord pep which is excrpted from this access limitation (the t this arc bears 14.86°35'30"E, a distance of 188.6 feet); B 1015 AEC 019 9909 12/13/83 16:47 $9.00 1/003 — r 1521 NARY Airy PPUPFSTEIN CLERK S RECORDER MELD CO, CO , B 1015 R?C 349909 12/13/83 16,47 59.00 2/003• ._....._... i ' . F 1522 HARP ANN FEUERSTEIN CLERK a RECORDER WELL. CO, CO . ce a radius nof 54630.0"feet,along , distance cf 6C.».7 feet (there chord ofight, ,this arc be rn nce 8S81°25'l E� a distance of 6J4.': feet); I 15 E, n distance o! 181.8 feet to the center of a 24wfoot access opening which is excepted from this eccens limitation; ((� t.ence Continuing Sul°25'15"E, a distance of 567.9 feet; t Thence along the arc of a curve to the left, having a radius of 5k780.0 feet, a distance of 7 _.i Sal°3°'30"E, a distance of 57.7 feet);( he eheni of this arc bears .hence continuing along the arc of a curve to the left, having a rn- dive of 5,780.0 feet,a distance of 381.4 feet to the center of a i foot accese opening which is excepted from this access limitation (the chord of this arc bears s83°50'45 E, a distance of 381.4 feet); Thence continuing along the arc of a curve to the left, having • 1 a radius of 5,730.0 feet. a distance of 15.0 feet to a point on the East property line (the chord of this arc bears S85 48'30"E, a die- — k.... 1 tance of 15.0 feet); by reason of grant or relinquishment of said access right(s) by deed from George M. McCaslin to the Eepar',.ment o! Highways, State of 1 Colorado, recorded February 28, 1972 in Bock 662 as Reception No. 1584447. I ' Easement and right of way to construct, operate, maintain, re- ?' place ace, enlarge, reconstruct, and appurtenances improve, inspect, repair and remove such [ 3 or :underground, as said Union Rural.Electric..oAssociation, Inc.,, may either above 1 from time to Lime require, es granted to Union Rural Electric i Association, Inc., in Fight of Way Easement recorded May 4, 1970 in d Ecok 625 as Reception. No. 1546573, affecting the following described 1 property: The t;.rth edge of the parcels situate South of the new ff 1 State Highe°ay No. 119-Federal Aid Project No. S0119(15) situate on E the North edge of Section 8, Township 2 North, Range 68 West and on # the South edge of Section 5, Township 2 North, Range 68 West of the 6th P. M. , Easement and right of way for ingress and egress as granted to the . City of lin by Deed recorded May 20, 1976 ( 1Q'tF.�oat by Ceorg! M. MaCae 2 in Book 767 as Reception No. 1689012, affecting the following described a property: Said easement being described as =mere; over the East 30 feet of the NEA of the Nit of -said Section 8, and over a strIp of land ( 30 feet in width being a continuation of the easement above granted ,q and running Southwesterly to the North line cf the SE+ of the NE; of � said Section 8. 1 011 and Gas Lease between Cornie Van Zanten, aka Cornelius F. Van Zanten and Wilma Van Zanten, Lessors and Barrett Energy Company, f`t Lessee, for a primary term of 1year, which may be extended for 1 I year, which may be extended for 1 additional year, dated December 6, 1982 and recorded January 14, 1983 In Book 986 as Reception No. 1914455, and any interests therein or rights thereunder. 011 and Gas Lease between Arthur J. Dykstra, Lessor, and Barrett Energy Company, Lessee, for a rims extended for 1 additional year, dated Decemberf 16, 19982wandrrecorded Jaruery 14, 1983 in Book 986 as Reception No. 1914461, and any in- terests therein or rights thereunder. Oil and Gas Lease between John Van Zanten and YaZanten, , r, Lessors, and Barrett Eger Company, rain primary Veit term of s' 1 year, which may be exterded 1 additional year, Dee:ber r i 6, 1582 and recorded February 11, 1983 in Book 988 as Reception No. f .i 1917187, and any interests therein or rights thereunder. SIGNED this i� :A A 3 .4.( day of December, 1983. �..., . ��`n Z ,ten f . , - VVV / v • ' • 4 e men en a a erne - . us . Van Zanten F, , • F 1523 Pc 01949j09 PEUERS CLERK 2/13/83 16,47 59.00 3/003 1 b,47$9.00 3/003 _��..�.. ` ORDER WELD CO, CO ` i `[[k STATE OF IOWA es. 3 - y , COUNTY OF 3IOUX ) i The foregoing Uarranty Deed was acknowledged before me '"^- -by JOHN VAN Z/11TEN this day of December, 1983. • . o ry c a('ea.i.,kdb'•., _ ►''9dieoc�aission expires: 4-YL �{ COS ho } F1 cAi"� ,el 7;.?!.. .c• t _ STATE OF IOWA • ) _ _ COUNTY OF SIOUX )) es. The foregoing Warranty :.eed was acknowledged before me ty CORNIE VAN ZANTE7 also known as CORNELIUS E. VAN ZAITZI . this -i_ day of December, 1983. 4 .,. otary 'b c .4•70....11F,„,.....0*"—... om,.-' , + My commission expires: 9..n :•s` di= Address: ,/ _' . a�. n ' `'2 •. i9f bd3..'11.i;• • STATE OF COI4PAIb SM. < Court OF BOULDER The foreoing Warranty Deed was acknowledged before ne-this 9th day of December, 19B3, by Betty Jo Secor as Atto i for Arthur S. Dykstra. .,,/r w' {1a^tWitness my hand and offici seal , ti�~ ' s ,�9nd ::ty Pu y'k.� -- Lop91.04 p Col;5.5601Ny coemiselon a ires: �`Au st / 1985 •,41�k%'�' . .. ii :o, 7 . r . • E .t . . _ 1 1 PT ,a .,, y ,r , 1 Planned Unit Development Change of Zone AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Baldridge-Richardson P.U.D. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE 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 Weld County Assessor of the owners of property (the surface estate) within five hundred (500) 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 application submission date. Efrffited The foregoing instrument was subscribed and sworn to before me this I ./ day &ctjust , 19 by. WITNESS my hand and o &,official seal. My Commission expires: A;yCommisslonExpInmJorre 5 989 Avna Notary Public^VS) est al61 mac..*, P OS 1 3a Planned Unit Development Change of Zone NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION li The Great Western Sugar Co P .O . Box 5308TA a Deleware Corp . Denver , CO 80217 62131308000041 Shirli Mae Hayes 0998 E . Highway 119 Charles R. Hayes Longmont , CO 80501 62131308000033 Longmont City of Longmont Longmont .CCO1C80501eT 621313080000031 Donald W. Baldridge 5525 E . Platte Adele A. Baldridve Colorado Springs . CO 80903 62131308000019 JCK Farm, Ltd. , 1239 Third Ave . 12131304000034 a Limited Partnership Longmont . CO 80501 62131305000001 Barbara J . Johnson 6170 W. 24th St . formerly Barbara J. Keilian Greeley. CO 80631 62131305000048 Vernon Darrell Smith 2010 Highway 119 Margaret A. Smith Longmont , CO 80501 67131309000001 St . Vrain Ltd. c/o Richard Domenico a Joint Venture 8200 W. 67th 671 '31 '309000007 • Arvada, CO 80004 fl ---1" Ul . Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Baldridge-Richardson P.U.D. (See attached legal description) STATE OF COLORADO ) ss. COUNTY OF WELD ) THE 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 and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. ( 7frIA `#L r I'f ro[.1 C'! ci The foregoing instrument was subscribed and sworn to before me this day of an , 1914 1.1 WITNESS my hand and official seal. My Commission expires: Li , C Y 1 l Notary B33 O . gm, -n-a.,{ 16501 MINERAL LESSEES I . Oil and gas lease between C. P. Richardson, Leo F. Knago, and Betty Jo Secor, as Lessors and Buddy Baker as Lessee (later conveyed to Barrett Energy Company) for a primary term of five years, dated February 7, 1980, recorded May 29, 1980 in Book 904 at Reception No. 1826006, Weld County records. This lease was extended beyond the primary term. 2. Oil and gas lease between Donald W. Baldridge and Adele A . Baldridge, as Lessors and Calvin Petroleum Corporation, as Lessee, for a primary term of three years, dated April 3, 1984, and recorded June 18, 1984, in Book 1033 at Reception No. 1970874 , Weld County records. This lease was extended beyond the primary term . See attached memorandums. MEMORANDUM DESCRIPTION: (AS SET FORTH ON SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF) GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: C. P. RICHARDSON, acquired from George M. McCaslin by Warranty Deed dated October 1, 1972 and recorded October 12, 1972 in Book 677 as Reception No. 1599433, Weld County Records, as to an undivid- ed one-fourth interest; from Marguerite A. Barnard, individually and as personal repre- sentative of the estate of Lyle L. Barnard, deceased by Warranty Deed dated January 1, 1975 and recorded September 16, 1975 in Book 748 as Reception No. 1670062, Weld County Records, as to an undivided one-fourth interest; and from Leo F. Knago and Betty Jo Secor by Warranty Deed dated March 3, 1982 and recorded March 26, 1982 in Book 964 as Recep- tion No. 1886905, Weld County Records, as to an undivided one- half interest. ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS NONE. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between C. P. Richardson, Leo F. Knago and Betty Jo Secor, as lessors and Buddy Baker, as lessee, for a primary term of five years, dated February 7, 1980 and recorded May 29, 1980 in Book 904 as Reception No. 1826006, Weld County Records. NOTE: Numerous assignments of interests in this lease appear of record. NOTE: Affidavit of Production by Calvin Petroleum Corporation pursuant to Section 38-42-106 Colorado Revised Statutes 1973 giving notice that said lease is extended beyond the primary term thereof by production from an oil and gas well completed on August 9, 1984, was recorded October 24, 1984 in Book 1047 as Reception No. 1986138, Weld County Records, and similar Affidavit was recorded October 3, 1985 in Book 1086 as Reception No. 2027311, 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 Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 23rd day of January, 1986 at 7:45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY P (/ ( . —BY_ a -. te.< ,x o.eee. . AUTHORIZED SIGN URE 8500715 MEMORANDUM DESCRIPTION: A tract of land located in parts of the Sy of Section 5, and the Nis of Section 8, Township 2 North, Range 68 West of the 6th P. M. , said tract being more particularly described as follows: BEGINNING at a point on the East line of said Section 8 from whence the Northeast corner of said Section 8 bears N00°00 '00"E, 31.50 feet and with all other bearings contained herein relative thereto; thence SOO°00 '00"E 1143.82 feet along said East line of Section 8; thence S58°10'00"W 218.37 feet; thence N68°40'19"W 1136.31 feet, along an existing fenceline; thence NOO°00'00"E, 1390.98 feet to a point on the approximate South right of way line of Colorado State Highway 119; thence along a line lying approximately 0.5 feet South of and parallel to the South right of viay fence of said Colorado State Highway 119, the following courses and distances: 368.63 feet along the arc of a curve to the right, said arc being subtended by a chord bearing 585°09'55"E, 388.34 feet; thence S81°19 '04"E, 366.26 feet; thence 561°27'57"E, 238.24 feet to the POINT OF CURVE of a curve to the left; thence 338. 83 feet along the arc of said curve, said arc being subtended by a chord bearing S84°04 '45"E, 338.72 feet to the POINT OF BEGINNING. EXCEPT right of way for ingress and egress conveyed to the City of Longmont by Warranty Deed recorded in Book 767 as Reception No. 1689012, Weld County Records; EXCEPT easement for constructing waste ditch as granted to the Department of Highways, State of Colorado by instrument recorded in Book 622 as Reception No. 1544311, Weld County Records; and EXCEPT easement granted to Union Rural Electric Association, Inc. by instrument recorded in Book 625 as Reception No. 1546573, Weld County Records. GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: DONALD W. BALDRIDGE and ADELE A. BALDRIDGE, as joint tenants, amid red from John Van Zanten, Cornie Van Zanten, also known as Cornelius E. Van Zanten, and Arthur J. Dykstra by Warranty Deed dated December 3, 1983 and recorded December 13, 1983 in Book 1015 as Reception No. 1949909, Weld County Records. ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Deed of Trust from Donald W. Baldridge and Adele A. Baldridge to the Public Trustee of Weld County for the use of John Van Zanten, Cornie Van Zanten a/k/a Cornelius E. Van Zanten, and Arthur J. Dykstra, to secure $120,000.00, dated December 9, 1983 and recorded January 13, 1984 in Book 1018 as Reception No. 1953018, Weld County Records. Deed of Trust from Donald W. Baldridge and Adele A. Baldridge to the Public Trustee of Weld County for the use of Kubota Tractor Corporation, to secure 8150,000.00, dated October 25, 1984 and recorded November 1, 1984 in Book 1048 as Reception No. 1987230, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Donald W. Baldridge and Adele A. Baldridge, as lessors and Calvin Petroleum Corporation, as lessee, for a primary term of three years, dated April 3, 1984 and recorded June 18, 1984 in Book 1033 as Reception No. 1970874, Weld County Records. NOTE: The Deed of Trust described above recorded in Book 1018 as Reception No. 1953018, Weld County Records, has been subordin- ated to said Oil and Gas Lease. . . . CONTINUED <- :... .,._.. -2- OIL AND GAS LEASES OF RECORD: (continued) NOTE: Affidavits of Production by Calvin Petroleum Corporation pursuant to Section 38-42-106 Colorado Revised Statutes 1973 giving notice that said lease is extended beyond the primary term thereof by production from an oil and gas well completed on August 8, 1984, were recorded October 24, 1984 in Book 1047 as Reception No. 1986137 and October 3, 1985 in Book 1086 as Reception No. 2027311, Weld County Records. NOTE: Numerous assignments of interests in this lease appear of record. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 23rd day of January, 1986 at 7:45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY AUTHORIZED SIGNATI?$E 8500715 REZONING STATEMENT The proposed commercial-industrial park known as the Baldridge-Richardson P.U.D. is consistent with the policies of the Weld County Comprehensive Plan . The Comprehensive Plan addresses rezoning in a transitional area or area with changing conditions. As the Del Camino/Highway 119 corridor is such an area, it is consistent with the Comprehensive Plan to pursue this request for rezoning. The area is currently zoned agricultural . There is increasing commercial and industrial development along the Highway 119 corridor to 1-25. Major commercial facilities such as McDonald's Restaurant, Texaco Service Station, and the Best Western Motel are already existing at the Highway 119/I-25 intersection. In addition. there are plans and development proposals before the Weld County Planning Department to consider a major horse race track facility in the vicinity. In addition, a proposal for a high density mobile home park, directly across Highway 119 from the Baldridge-Richardson P.U.D. , is being reviewed. The plans for formation of a Sanitation District to serve the area are near final approval . With the Sanitation District in development can place, proceed in a more urbanized manner. It is self evident that with the above described growth for the area, agricultural zoning is no longer appropriate. With increased development in the surrounding area, functional agricultural use becomes more difficult . Crossing highways with farm equipment, spraying of fields with toxic pesticides , and other standard farming practices become difficult to continue and are hazardous to the growing population . Highway based development is appropriate in concept. The economics of reducing transportation infrastructure and costs in the development of a property becomes clear . Placement of service and industrial businesses, requiring delivery and shipping via trucking companies, close to state highways and interstate corridors, keeps intensive traffic loads out of local street systems that are typically not designed to accommodate them. The Baldridge-Richardson P. U .D. allows for the changing conditions of the Highway 119 corridor in an appropriate and carefully planned manner. By the rezoning of the parcel to P.U.D. , a carefully regulated and controlled, yet flexible, business park can be developed. Higher traffic flow areas will be located adiacent to the Highway 119 frontage, with low volume traffic uses placed in the rear of the parcel . Landscape buffer areas have been carefully outlined to assume a continuing "greenspace" along the Highway 119 entrance to the City of Longmont. Additional landscape guidelines are being developed to control internal minimums of required landscaping and screening . The intention of the P .U.D. is to provide for a market requiring an attractive, large lot in a controlled, commercial-industrial park. (Please see Section 6 under "Additional Information" for further detail on Architectural Controls) . REZONING COMPATIBILITY The rezoning proposed by the Baldridge-Richardson P . U .D. application is compatible with the surrounding existing and proposed land uses. East of the subject parcel is an agriculturally maintained parcel on a slope descending to the St. Vrain Creek. West of the parcel is property owned by Great Western Sugar Company, currently in Bankruptcy Court after filing Chapter 11 . This parcel is in agricultural production . The south edge of the parcel is the Longmont Municipal Landfill . The northern edge of the parcel abuts Highway 119 in its entirety. An access off Highway 119 exists on the eastern edge of the property, serving the Advanced Equipment building and the Longmont landfill . In addition, two 24 foot farm openings access the property from Highway 119. These properties are currently in agricultural production. The property lust opposite the Baldridge-Richardson P. U .D. and north being reviewed by Weld County for a proposed oumobile nty oahome d -1 park. 2 is This mobile home park c proposal is already included in the Service Area for the St . Vrain Sanitation . Upon approval , sanitation facilities would be brought in which would not require undesirable "flagpole" service area extensions for inclusion of the Baldridge-Richardson P . U .D. into the Sanitation District Service area. UTILITY STATEMENTS AND COMMITMENTS Public utility commitments have been obtained for the proposed P.U.D. Upon formation of the St . Vrain Sanitation District, sewer service can be facilitated in a urbanized manner. The owners of the P .U .D. plan to petition into the St . Vrain Sanitation District once the district is formed . As it is premature to proceed with this petitioning process until a functioning Board of Directors is in place, we will make this request upon the District Court' s final approval and election of the District officers. In the event that the Sanitation District fails in its attempt to form , we feel the project will still be a viable one. Concern regarding the heavy soils suitability for septic systems, as expressed by the Weld County Health Department, can be mitigated by the design of raised, lined evapo-transpiration beds (E.T. ) . Although the use of E.T. beds is a less preferable option, it is still a realistic one. We would pursue this design alternative in the event of approval problems with the Sanitation District. LEFT HAND WATER SUPPLY COMPANY P .O. BOX D NIWOT, COLORADO 80544 Pbonrs 652-2188 Metro 445-2036 October 24, 1984 McCarty Engineering 703 Third Ave. Longmont, CO 80501 Re; BALDRIGE & RICHARDSON PROPOSAL Dear Paula Fitzgerald With reference to your recent request concerning domestic water service to the hereinabove designated area, and pursuant to your inquiry for a written confirmation, please be advised that such service will be available subject to the following conditions, to wit: Approval of your final plans and specifications by the Engineer for Left Hand Water Supply Company. Determination of and written agreement concerning any special or unusual situations presented by your request for such service. Confirmation by and approval of any appropriate governmental agency affected by your request. Proper completion, execution, and acceptance of an AGREEMENT - SUBDIVISION SERVICE CONTRACT by and between the Left Hand Water Supply Company and the applicant. Sincerely, 1 James M. Dickey General Manager oSGMoyr LONGMONT FIRE PROTECTION DISTRICT pin SAD. 1Q 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 4OT,CTIOs#41 30 October 1985 Ms. Paula Fitzgerald Planner McCarty Engineering Consultants, Inc. 703 3rd Avenue Longmont, Colorado 80501 Dear Ms. Fitzgerald: In reference to the Baldridge-Richardson Planned Business Park. The development is within the Longmont Fire Protection District and will be served by fire units from the Central Station at 9119 County Line Road and the Mead Station at 499 3rd Street, Mead, Colorado. The Longmont Fire Protection District has fire protection requirements for all development within their jurisdiction, I have included a copy of NFPA 1141 "Standard for Fire Protection in Planned Building Groups". This is a guideline to use for fire protection in addition to the Uniform Fire and Building Codes. If you should have any questions please contact this office. e William R. Emerson Fire Marshal Longmont Fire Protection District WRE/wre Copies: Board of Directors (5) Secretary/Attorney District Chief File (3) 16V, � UNI ' N UNION RURAL ELECTRIC ASSOCIATION, INC. P.O. Box 929 Route 7 Brighton, Colorado 80601 Box 601 o, G (303) 659-0551 Golden, Colorado 80403 (303) 642-7921 October 29, 1985 Ms. Paula Fitzgerald McCarty Engineering 703 Third Avenue Longmont, Colorado 80501 Dear Ms. Fitzgerald: Section 8, Township 2 North, Range 68 West is within the service territory of Union Rural Electric Association, Inc. Union is willing and able to provide the electrical facilities to these locations in accordance with our Rules and Regulations and Line Extension Policies on file at our corporate offices, 18551 E. 160th Avenue, Brighton, Colorado 80601. If I can be of any assistance, please call me. Sincerely, UNION RURAL ELECTRIC ASSOCIATION, INC. Dorthy Ru ales Supervisor Engineering Support Services DR:bw "A Consumer-Owns Utility Serving Five Front Range Colorado Counties" a Mountain Bell 1855 South Flatiron Court Boulder, Colorado 80301 October 28, 1985 Paula Fitzgerald McCarty Engineering 703 3rd Avenue Longmont, Colorado 80501 Re: Ballridge Richardson Proposal Dear Ms. Fitzgerald: Mountain Bell can provide standard rural service to this proposed area located south of State Highway 119 between County Line Road and Interstate Highway 25. Should upgraded service be required, Mountain Bell would pro- vide the requested service upon completion of a Land Development Agreement. If you have any questions, please call me on 441-7111 . Sincerely yours, age Robert Burger Manager-Design Center SOILS STATEMENT AND SURVEY Located in Section 8 and part of Section 5, Township 2 North , Range 68 West, of the 6th P .M . , Weld County Colorado, the Baldridge Richardson P.U.D. consists primarily of Wiley-Colby Complex and Ascalon Loam soil types. According to the "Soil Survey of Weld County . Colorado, Southern Part" , published by the U .S.D.A . Soil Conservation Service, the general soil types are of Eolian deposits and Alluvium deposits respectively . There are seven soil types listed in order of approximate relative percentages for these properties. 50% Wiley-Colby Complex, 3%-5% slopes 25% Ascalon Loam, 0% -1% slopes 10% Nunn Clay Loam . 1% -3% slopes 5% Wiley Colby Complex, 1% -3% slopes 5% Nunn Clay Loam , O%-1% slopes 4% Colby Loam, 5%-9% slopes 1% Cascajo Gravelly Sandy Loam , 5% -20% slopes The Wiley Colby Complex soils are gently sloping, loamy plains and range site types, consisting of 60% Wiley soil , 30% Colby soil and 10% of Heldt Silty Clay and Weld Loam . The soil is generally deep and well drained with moderate permeability , medium surface runoff, and moderate erosion characteristics . The soil is generally well suited for landscaping and environmental planting . Bedrock is found at a depth of approximately 5' . Moderate to low shrink/swell soil characteristics exist throughout this soil type . The Wiley-Colby Complex and the other soil types present provide varying potentials for urban and recreational development from poor to good. Localized areas of heavy soils may restrict septic use to evapo-transpiration beds. Individually engineered septic beds would be necessary to ensure proper septic design . MINERAL DEPOSITS The preliminary review of soils maps and descriptions compiled by the Soil Conservation Service does not indicate the presence of underlying mineral deposits in the subject area. f 'Q1 PS . �. . '�y°` .a N�` • • r 5 .svi'.� tYh1 f . *�}. mitt E yi p ✓ }� Y �" J t .rc4�*sir ,. . •!.s..o ' 42' a Ik ₹r. a2 8 ,z'- t • # -. 59 t ! {•T 15 ; 42 ≤ ✓ .01( ea • WY 19 � jy {'p�, 1tc4rA 'F ` • ✓.7 1 r.B3y ';i • 1 } y ' s ,- +, tr Jf Y ,fie i, 1! ...z.. i1 #. ,•' y • \ ♦ �N Lb .-f ,Wes,,.. 0,,1.3 HM'i "1 ;f `\'6►• �:^ + ie 51 • L. \ ."'ic "i. ,# �5 Rr L " t *v .Cr',�. u • • r :, I,-52 7 / •, .. tir� ,µ} F fR i;77.3 " "' '";=111'. 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It formed in alluvium deposited by the major rivers in the survey area. Included in mapping are small areas where sand and gravel are within a depth of 60 inches. Also included are small areas of soils that have a clay loam subsoil. Typcially the surface layer of this Ascalon soil is brown loam about 10 inches thick. The subsoil is brown and yel- lowish brown sandy clay loam about 15 inches thick. The substratum to a depth 60 inches is calcareous sandy loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. This soil has good potential for urban and recreational development. Increased population growth in the survey area has resulted in increased homesite construction. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited ability of this soil to support a load. Septic tank absorption fields function properly, but community sewage systems should be provided if the population den- sity increases. Because of the moderately rapid permea- bility of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability class I ir- rigated. 13—Cascajo gravelly sandy loam, 5 to 20 percent slopes. This is a deep, excessively drained soil on terrace edges and upland ridges at elevations of 4,600 to 5,200 feet. It formed in very gravelly calcareous alluvium. In- cluded in mapping are small areas of soils that are shal- low or moderately deep over sandstone and shale. Typically the surface layer is brown gravelly sandy loam about 9 inches thick. The upper part of the underly- ing material is pale brown and light yellowish brown very gravelly sandy loam about 22 inches thick. The lower part to a depth of 60 inches is light yellowish brown very gravelly sand. A layer of strong lime accumulation 22 inches thick is below the surface layer. Permeability is moderately rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow to medium, and the erosion hazard is low. The potential native vegetation is dominated by little bluestem, sideoats grama, sand reedgrass, blue grama, hairy grama, switchgrass, and needleandthread. Potential production ranges from 1,200 pounds per acre in favora- ble years to 700 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease, blue grams and hairy grama increase, and forage produc- tion drops. Management of vegetation should be based on taking half or less of the total annual production. Seeding and mechanical treatment are impractical. Deferred grazing is a practical measure in improving range condition. Windbreaks and environmental plantings are suited to this soil. Low available water capacity and high calcium content are the principal hazards in establishing trees and shrubs. Weed control is needed to insure establishment and survival of plantings. Supplemental irrigation also may be needed to insure survival. Trees that are best suited and have good survival are Rocky Mountain ju- niper, eastern redcedar, ponderosa pine, and Siberian elm. The shrubs best adapted are skunkbush sumac and lilac. Wildlife uses are very limited because this soil lacks potential for producing necessary habitat elements. Because most of the acreage is rangeland, only rangeland wildlife, for example, scaled quail and antelope, are typi- cal. Extreme care is needed in managing livestock grazing in order to provide suitable habitat on this soil. Steepness is the most limiting soil feature that must be considered in planning homesites and the construction of roads. Other limiting features are the rapid permeability in the substratum and the resulting hazard of ground water contamination from sewage lagoons. Site prepara- tion for environmental plantings such as lawns, shrubs, and trees is difficult because of the high content of gravel and cobbles. Capability subclass VIIs nonirrigated; Gravel breaks range site. 17—Colby loam, 5 to 9 percent slopes. This is a deep, Openland wildlife, such as pheasant, mourning dove, well drained soil on upland hills and ridges at elevations and cottontail, and rangeland wildlife, such as antelope, of 4,850 to 5,050 feet. It formed in calcareous eolian cottontail, and coyote, are best suited to this soil. Under deposits. Included in mapping are small areas of soils that irrigation, good wildlife habitat can be established, have fine sandy loam or loam underlying material and benefiting many kinds of openland wildlife. Forage small areas of soils that are shallow to moderately deep production is typically low on rangeland, and grazing over shale and sandstone. management is needed if livestock and wildlife share the Typically the surface layer of this Colby soil is pale range. Livestock watering facilities also are utilized by brown loam about 7 inches thick. The underlying material various wildlife species. is very pale brown silt loam to a depth of 60 inches. This soil has good potential for urban and recreational Permeability is moderate. Available water capacity is developments. Road design can be modified to compen- high. The effective rooting depth is 60 inches or more. sate for the limited capacity of this soil to support a load. Surface runoff is rapid, and the erosion hazard is high. Capability subclass IVe irrigated, Vie nonirrigated; This soil is suited to limited cropping. Intensive Loamy Slopes range site. cropping is hazardous because of erosion. The cropping system should be limited to close grown crops, such as al- falfa, wheat, and barley. This soil also is suited to ir- rigated pasture. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nurse crop. Close grown crops can be irrigated from closely spaced contour ditches or sprinklers. Contour furrows or sprin- klers should be used for new crops. Applications of nitrogen and phosphorus help in maintaining good produc- tion. The potential native vegetation is dominated by blue grama. Sideoats grama, little bluestem, western wheat- grass, and sedge are also prominent. Potential production ranges from 1,800 pounds per acre in favorable years to 1,500 pounds in unfavorable years. As range condition deteriorates, the sideoats grams and little bluestem decrease, forage production drops, and blue grama, buf- falograss, and several perennial forbs and shrubs in- crease. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management should be based on taking half and leaving half of the total annual production. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, and pubescent wheatgrass are suitable for seeding. The grass selected should meet the seasonal needs of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Plowing and drilling should be on the contour to minimize runoff and soil losses. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. 41—Nunn clay loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces and smooth plains at elevations of 4,550 to 5,150 feet. It formed in mixed allu- vium and eolian deposits. Included in mapping are small, long and narrow areas of sand and gravel deposits and small areas of soils that are subject to occasional flooding. Some small leveled areas are also included. Typically the surface layer of this Nunn soil is grayish brown clay loam about 9 inches thick. The subsoil is light brownish gray clay loam about 14 inches thick. The upper part of the substratum is clay loam. The lower part to a depth of 60 inches is sandy loam. Permeability is moderately slow. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment,especially in areas of intensive agriculture. This soil has fair to poor potential for urban develop- ment. It has moderate to high shrink swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction. Those areas that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas of this soil are adjacent to streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and picnic areas and playgrounds. Capability class I irrigated. 42—Nunn clay loam, 1 to 3 percent slopes. This is a Windbreaks dt and environmental ti ton are om generally deep, well drained soil on terraces and smooth plains at well suited to this soil. Cultivation to control competing elevations of 4,550 to 5,150 feet. It formed in mixed allu- vegetation should be continued for as many years as vium and eolian deposits. Included in mapping are small, possible following planting. Trees that are best suited and long and narrow areas of sand and gravel deposits and have good survival are Rocky Mountain juniper, eastern small areas of soils that are subject to occasional flooding. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Some leveled areas are also included. hackberry. The shrubs best suited are skunkbush sumac, Typically the surface layer of this Nunn soil is grayish lilac, Siberian peashrub, and American plum. brown clay loam aobut 9 inches thick. The subsoil is light Wildlife is an important secondary use of this soil. The brownish gray clay loam about 14 inches thick. The upper cropland areas provide favorable habitat for ring-necked part of the substratum is light brownish gray clay loam. pheasant and mourning dove. Many nongame species can The lower part to a depth of 60 inches is brown sandy be attracted by establishing areas for nesting and escape loam. cover. For pheasants, undisturbed nesting cover is essen- Permeability is moderately slow. Available water tial and should be included in plans for habitat develop- capacity is high. The effective rooting depth is 60 inches ment, especially in areas of intensive agriculture. Range- or more. Surface runoff is medium, and the erosion land wildlife, for example, the pronghorn antelope, can be hazard is low. attracted by developing livestock watering facilities, In irrigated areas this soil is suited to all crops corn- managing livestock grazing, and reseeding where needed. monly grown in the area, including corn, sugar beets, This soil has fair to poor potential for urban develop- beans, alfalfa, small grain, potatoes, and onions. An exam- ment. It has moderate to high shrink swell, low strength, ple of a suitable cropping system is 3 to 4 years of alfalfa and moderately slow permeability. These features create followed by corn, corn for silage, sugar beets, small grain, problems in dwelling and road construction. Those areas or beans. Generally such characteristics as the high clay that have loam or sandy loam in the lower part of the cocont some eop entnt or he apidly permeable substratum slightly substratum are suitable for septic tank absorption fields s. and foundations. Some areas of this soil are adjacent to All methods of irrigation are suitable, but furrow ir- streams and are subject to occasional flooding. The poten- rigation is the most common. Proper irrigation water tial is fair for such recreational development as camp and management is essential. Barnyard manure and commer- picnic areas and playgrounds. Capability subclass Ile ir- cial fertilizer are needed for top yields. rigated, IIIc nonirrigated; Clayey Plains range site. In nonirrigated areas most of the acreage is in small grain and it is summer fallowed in alternate years. Winter wheat is the principal crop. The predicted average yield is 33 bushels per acre. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by western wheatgrass and blue grama. Buffalograss is also present. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama-buf- falograss sod forms. Undesirable weeds and annuals in- vade the site as range condition becomes poorer. Management of vegetation of this soil should be based on taking half and leaving half of the total annual produc- tion. Range pitting can help in reducing runoff. Seeding is desirable if the range is in poor condition. Western wheatgrass, blue grama, sideoats grama, buffalograss, pu- bescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. 82—Wiley-Colby complex, 1 to 3 percent slopes. This Management of vegetation on this soil should be based nearly level map unit is on smooth plains in the western on taking half and leaving half of the total annual produc- part of the survey area at elevations of 4,860 to 6,000 tion. Seeding is desirable if the range is in poor condition. feet. The Wiley soil makes up about 60 percent of the Sideoats grama, little bluestem, western wheatgrass, blue unit, and the Colby soil about 30 percent. About 10 per- grama, pubescent wheatgrass, and crested wheatgrass are cent is Heldt silty clay and Weld loam. suitable for seeding. The grass selected should meet the The Wiley soil is deep and well drained. It formed in seasonal requirements of livestock. It can be seeded into calcareous eolian deposits. Typically the surface layer is a clean, firm sorghum stubble or it can be drilled into a pale brown silt loam about 11 inches thick. The subsoil is firm prepared seedbed. Seeding early in spring has pale brown silty clay loam about 23 inches thick. The sub- proven most successful. stratum to a depth of 60 inches is very pale brown silty Windbreaks and environmental plantings are generally clay loam. well suited to these soils. Cultivation to control competing Permeability is moderately slow. Available water vegetation should be continued for as many years as capacity is high. The effective rooting depth is 60 inches possible following planting. Trees that are best suited and or more. Surface runoff is medium, and the erosion have good survival are Rocky Mountain juniper, eastern hazard is moderate. redcedar, ponderosa pine, Siberian elm, Russian-olive, and The Colby soil also is deep and well drained and formed hackberry. The shrubs best suited are skunkbush sumac, in calcareous eolian deposits. Typically the surface layer lilac, Siberian peashrub, and American plum. is pale brown loam about 7 inches thick. The underlying Openland wildlife, such as pheasant, mourning dove, material is very pale brown silt loam to a depth of 60 and cottontail are best suited to these soils. Wildlife inches. habitat development, including tree and shrub plantings Permeability is moderate. Available water capacity is and grass plantings to serve as nesting areas, should be high. The effective rooting depth is 60 inches or more. successful without irrigation during most years. Under ir- Surfacerunoff is medium, and the erosion hazard is rigation, good wildlife habitat can be established, benefit- moderate. ing many kinds of openland wildlife. This map unit is used for irrigated and nonirrigated The Wiley soil has only fair potential for urban and cropland and for rangeland, wildlife habitat, and urban recreational development. Slow permeability, moderate development. shrink-swell potential, and limited bearing capacity cause In irrigated areas these soils are suited to all crops problems in dwelling and road construction. The Colby commonly grown in the area, including corn, sugar beets, soil has good potential for urban and recreational develop- beans, alfalfa, small grain, and onions. An example of a ment. Road design can be modified to compensate for the suitable cropping system is 3 to 4 years of alfalfa fol- limited capacity of this soil to support a load. Capability lowed by corn, corn for silage, sugar beets, small grain, or subclass Ile irrigated, IVe nonirrigated; Loamy Plains beans. Land leveling, ditch lining, and installing pipelines range site. may be needed for proper water applications. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. In nonirrigated areas these soils are suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in al- ternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses such as western wheatgrass and needleandthread are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. 83—Wiley-Colby complex, 3 to 5 percent slopes. This Management of vegetation on these soils should be gently sloping map unit is on plains at elevations of 4,850 based on taking half and leaving half of the total annual to 5,000 feet. The Wiley soil makes up about 60 percent of production. Seeding is desirable if the range is in poor the unit, and the Colby soil about 30 percent. About 10 condition. Sideoats grama, little bluestem, western wheat- percent is Heldt silty clay and Weld loam. grass, blue grama, pubescent wheatgrass, and crested The Wiley soil is deep and well drained. It formed in wheatgrass are suitable for seeding. The grass selected calcareous eolian deposits. Typically the surface layer is should meet the seasonal requirements of livestock. It can pale brown silt loam about 11 inches thick. The subsoil is be seeded into a clean, firm sorghum stubble, or it can be pale brown silty clay loam about 23 inches thick. The sub- drilled into a firm prepared seedbed. Seeding early in stratum to a depth of 60 inches is very pale brown silty spring has proven most successful. clay loam. Windbreaks and environmental plantings of trees and Permeability is moderately slow. Available water shrubs commonly grown in the area are generally well capacity is high. The effective rooting depth is 60 inches suited to these soil. Cultivation to control competing or more. Surface runoff is medium to rapid, and the ero- vegetation should be continued for as sion hazard is moderate. many yearsas possible following plantings. Trees that are best suited The Colby soil also is deep and well drained and formed east- in calcareous eolian deposits. Typically and have good survival are Rocky Mountain juniper,p the surface layer ern redcedar, ponderosa pine, Siberian elm, Russian-olive, is pale brown loam about 7 inches thick. The underlying material is very pale brown silt loam to a depth of 60 and hackberry. The shrubs best suited are skunkbush inches. sumac, lilac, Siberian peashrub, and American plum. Permeability is moderate. Available water capacity is Openland wildlife, such as pheasant, mourning dove, and cottontail, are best suited to these soils. Wildlife high. The effective rooting depth is 60 inches or more. Surface runoff is medium to rapid, and the erosion hazard habitat development, including tree and shrub plantings is moderate. and grass plantings to serve as nesting areas, should be successful without irrigation during most years. Under ir- This unit is used for irrigated and nonirrigated rigation, good wildlife habitat can be established, benefit- cropland and for rangeland, wildlife habitat, and urban ing many kinds of openland wildlife. development. The Wiley soil has only fair potential for urban and In irrigated areas these soils are suited to the crops recreational development. Slow permeability, moderate commonly grown in the area. Perennial grasses and alfal- shrink-swell potential, and limited bearing capacity cause fa or close grown crops should be grown at least 50 per- problems in dwelling and road construction. The Colby cent of the time. Contour ditches and corrugations can be soil has good potential for urban and recreational develop- used in irrigating close grown crops and pasture. Fur- ments. Road design can be modified to compensate for rows, contour furrows, and cross slope furrows are suita- the limited capacity of this soil to support a load. Capa- ble for row crops. Sprinkler irrigation is also desirable. bility subclass IIIe irrigated, IVe nonirrigated; Loamy Keeping tillage to a minimum and utilizing crop residue Plains range site. help to control erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas these soils are suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in al- ternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. ROAD IMPROVEMENTS The proposed Baldridge-Richardson P. U.D. consists of 27 lots, comprising a total of approximately 83 acres. The average lot size will be 2.9 acres. Access to the P.U.D. will be by means of an internal circulation loop connecting with Highway 119 at two points. The access points are located at the easternmost and westernmost ends of the parcel , approximately 1/2 mile apart. The westernmost access lies opposite County Road 3-1/2, with the eastern access being the present access to the Advanced Equipment building and the Longmont Municipal landfill . The proposed roadways throughout the P.U .D. will be paved, 40 foot roads with six foot shoulders, according to Weld County Subdivision Regulations . Road base configuration will be designed with construction planning at the P. U.D. Development Plan phase. This road base will be designed to meet the varying soils conditions present on the site. Geotechnical investigations will provide data for this design . It is intended that Weld County will maintain the roads on the site. Off-site road improvements to Highway 119, in terms of accelleration-decelleration lanes, will be done if required by the State Division of Highways . The developers will contract design services for these road improvements, and construct the necessary improvements prior to issuance of building permits, as required in Section 21 .6.2.4 of the Weld County Zoning Ordinance. NATURAL RESOURCES According to U.S. Soil Conservation Service maps, there appears to be no evidence of mineral or gravel deposits underlying the site of the Baldridge-Richardson P.U.G. In addition, there are no records of mineral owners of lessees, other than oil and gas leases, for the subject property . HAZARDS There are no apparent hazards or restrictions that would conflict with this change of zone application . Although the site is directly west of the St. Vrain Creek, it is outside any floodplain hazard areas. According to our research, there are no geological hazards evident. The Airport Overlay District Map shows that the site lies outside of its area of concern . BALDRIDGE RICHARDSON P.U.D. REZONING RESPONSE TO WELD COUNTY COMMENTS The intention of the Rezoning Plat Application is to satisfy Weld County concerns and come to an agreement upon the philosophic issue regarding land use as it relates to zoning. We are submitting the information required for a rezoning application with additional information as requested by the Weld County Planning staff. Portions of the information requested are premature for the present stage of application. It is difficult to commit to specific development proposals suitable for P.U .D. plans when the larger issue of land use is still unresolved. The information we are providing, although not at a detailed level at this date, attempts to aid the county in understanding the concept of this development. The planning process requires submittal of a Sketch Plan. Rezoning Plan, and a Development Plan . The organization of this process aids the applicant in developing further specifics of the project concurrently with the acceptance of each stage of the project. We believe this procedure is appropriate, and ask that exception not be taken from the process. Further detail will be provided at the appropriate submittal stage, namely at the P.U .D. Development Plan. The general concerns from the Weld County Planning staff and our responses to them are as follows: As stated in the enclosed narrative (P. U.D. Development Plan) , we believe this proposal addresses the changing conditions of the Highway 119 corridor. Although the subject property is zoned agricultural at the present time, there are an increasing number of commercial , industrial and even residential uses along this corridor. Major commercial facilities include McDonald's Restaurant, Texaco Service Station, and Best Western Motel . The subject parcel already includes Advanced Equipment Center, a farm implement sales facility . The parcel lies adjacent to the Longmont landfill . In addition, there are plans and development proposals before the Weld County Planning staff for a major horse race track facility in the vicinity, a Super Eight Motel , and a high density mobile home park directly adjacent to the subject property. The associated development that typically occurs with these types of facilities would stretch along the I-25 frontage, as well as along the Highway 119 corridor . The Weld Cou. ..y Comprehensive Plan .s currently being revised. Hopefully, the new plan will address this transitional area . Agricultural zoning is no longer appropriate. Although it is desirable to maintain open greenspace along highway frontages, it becomes necessary to redefine this greenspace as development takes place. With increased traffic and development along a corridor , functional agricultural use becomes more difficult. Crossing highways with farm equipment, spraying of fields, and other standard farming practices become difficult to continue and are hazardous to the growing population. Highway based development is appropriate in concept. The economics of reducing transportation infrastructure and costs in the development of property becomes self evident. Placement of service and industrial businesses, requiring delivery and shipping via trucking companies, close to state highways and interstate corridors, keeps intensive traffic loads out of local street systems that are typically not designed to accomodate them . The desired "greenspace" can still be found in areas of commercial and industrial business by the implementation of buffering and landscape guidelines along the highway frontage, as well as throughout the business parks. Landscape buffer concepts will be defined in detail during the P.U.D. Plan approval process. The Baldridge-Richardson P. U.D . allows for this changing conditions of Highway 119 in an appropriate and carefully planned manner . The proposed use is within 2.5 miles of the I-25 intersection. The sketch plan already submitted illustrates how higher traffic use lots will be located adjacent to the Highway 119 frontage, with the larger/lower traffic volume tracts placed further from the highway. In addition, landscape buffer areas are outlined that ensure the maintenance of the desired "greenspace" along the Highway 119 corridor . Covenants specifically addressing landscaping and other requirements will be submitted with the P .U .D. Development Plan. (See further explanation of covenants in the comments section #6, "Architectural Covenants") . The developer recognizes that there is a concern, not only with meeting Weld County requirements, but also providing a development which will serve to enhance the visual impression created along the Highway 119 corridor from Interstate 25 to the City of Longmont. The "urban services" needed for the proposed development can be aptly met by services available to the surrounding area. With the formation of the St. Vrain Sanitation District, sewer service can be facilitated in a more refined fashion. The owners of the P.U .D . plan to petition into the St. Vrain Sanitation District once the District is formed. As it is premature to proceed with this petitioning process until a functioning Board of Directors is in place, we will make this request upon the District Courts' final approval and election of the District officers. In the event that the Sanitation District fails in its attempt for formation, we feel the project is still a viable one. The problem of heavy soils can be mitigated by design of raised, lined evapo-transpiration beds (E.T. ) . Although the use of E.T. beds would be a less preferable option, it still is a realistic one . We would pursue this design alternative in the event of formation problems with the Sanitation District. The Left Hand Water District has already submitted a letter stating ability to provide service to the property once the standard conditions for the service and execution of an Agreement-Subdivision Service Contract are met. Based upon completion of specific terms and standards, provision of other services has been agreed to. (See attached Utility Commitments) . By the provision of "urban type services" to the property, objections regarding the location of the proposed use should be eliminated . Keeping a highway based commercial/industrial park off local street systems of a municipality can only be viewed as an asset. Traffic conflicts, road maintenance, and incompatibility with adjacent uses would be increased with the proposed land use located in a municipality. The proposed site is ideally situated to minimize conflicts with urban areas and at the same time be convenient to major highway corridors. Specific concerns from the Weld County Planning staff and our responses to them are as follows : 1 . The population equivalent is computed as follows: Approximate acreage = 83 acres Waste load = 83 acres x 20 people/acre = 2,460/p.e. The population equivalent growth study, compiled by THK Associates, uses a factor of 20 for industrial and commercial areas . This factor assumes there will be 20 people per acre contributing to the waste load generated from the P.U.D. As this is a rural commercial-industrial park, we feel this factor will be very high for some uses that may be built in the P.U.D. We have used this factor because no range was available, however, we feel this factor will need revision when specific development plans are formed . 2. Please refer to the enclosed memorandum from the office of Grant, McCarren and Bernard regarding the issue of legal access to the easement serving the City of Longmont Dump. This memorandum was written November, 1983, when a Special Use Review for the Advanced Equipment operation was being reviewed by Weld County. This memorandum was used to establish right of use by the owners of the tract. The easement was found to be non-exclusive, therefore, the users of the easement are not able to prohibit access to the easement by the owners of the subject property . GRANT, MCCARREN 8c BERNARD WALLACE H GRANT ATTORNEYS AT LAW HOWARD GRANT 1:908-.9681 W:LL.AM J. t CCARPEN DANIEL F BERNARD POST OFFICE BOA 9]B JOHN 5. HOUGH 119:8-19731 MARC R. CARLSON 515 nImBARK STREET LONGMONT (303) T76-9900 R.C.IARD N. LYONS LONGMONT, COLORADO 8060-00TH DENVER METRO (3031 571-5606 MEMORANDUM TO: Weld County FROM: Marc R. Carlson RE: Easement DATE: November 14, 1983 A. Facts: 1. This matter involves a tract of land of approximately 40.120 acres, more or less, located in Weld County, Colorado. The property is to the south of Colorado State Highway 119 in between the highway and property owned by the City of Longmont which is presently being used for Longmont' s city dump. A copy of the survey of the property is attached as Exhibit A. • 2. A 30-foot easement solely for ingress and egress exists along the most easterly portion of the property. This easement is used by the City of Longmont and members of the public for access from Colorado High- way 119 across the subject property to the property owned by Longmont which is used as the dump or City landfill . 3. On approximately December 30, 1964, George McCaslin, the then owner of the property, entered into a lease with the City of Longmont for the land which is now the landfill . The lease also included a lease of a 30-foot right-of-way across the subject property. The lease was to have expired on January 1, 1975. 4. Before the lease was to have expired on January 1, 1975, on April 18, 1972, Mr. McCaslin conveyed the landfill property to the City of Longmont by Warranty Deed dated April 18, 1972, and recorded May 20, 1976, in book 767, Reception No. 1689012. In the Warranty Deed, the right-of-way for ingress and egress across the subject property which was previously leased to the City was granted to the City by the following language: "Grantor further grants to grantee a right-of-way for ingress and egress to and from the above-described property (the landfill property) being thirty (30) feet in width as said right-of-way exists at the time of this Agreement . ." At the time of the Agree- ment, the City had previously constructed and was • Memorandum to: Weld County November 14, 1983 Page 2 using, under the terms of the lease, a gravel road on the right-of-way land for access for it and members of the public to the landfill . The grant is only for "a right-of-way for ingress and egress . ." The grant does not indicate that it is an exclusive right-of-way or that it • is the only right-of-way that can ever be granted in connection with the subject property. Furthermore, the Deed does not, in any way whatsoever, prevent the owner of the property, or his successors, from using the subject property across which the right-of-way crosses for any lawful purposes as long as the easement for ingress and egress is not substan- tially interfered with by the property owner. A copy of the Deed is attached as Exhibit B. 5. On or about October 10, 1972, Mr. McCaslin conveyed the subject property to C. P. Richardson, Leo F. Knago, Lyle L. Barnard, and Betty Jo Secor. The conveyance, which included the subject property, was subject to any right-of-way or easements presently existing on the property. 6. The present owners of the property are John VanZanten, Cornel- ius E. VanZanten, and Arthur J. Dykstra, as tenants in common. They also took title subject to all easements of record. 7. The present owners have signed a contract with Donald W. Bald- ridge and Adele A. Baldridge to sell the property. Mr. and Mrs. Bald- ridge desire to construct and operate a farm equipment sales, service and repair business upon the site. They have applied to Weld County for a Use By Special Review Permit, in the agricultural district, to permit the construction of improvements upon the site for the above-mentioned busi- ness. 8. In order to construct and operate the business, subject to approval of the Use By Special Review Permit, Mr. and Mrs. Baldridge must have access to the property from Highway 119. Access for ingress and egress to the property does exist by way of the roadway placed within the 30-foot easement on the property. 9. In a Memo to the Planning and Zoning Commission of Weld County from the City of Longmont Office and Planning and Development, a copy of which is attached as Exhibit C, dated October 18, 1983, the City refers at paragraph 3 to the driveway easement. In reading paragraphs 3 and 4 of that memorandum, the City is apparently not sure whether or not access to the proposed development may occur with or without the permission of the City of Longmont. The City indicates that if the driveway can be used legally without the permission of the City, then the City would hope that Mr. and Mrs. Baldridge would have to pave the driveway to the point of access and move the present gate of the landfill to the south, further down the driveway and easement. Memorandum to: Weld County November '14, 1983 Page 3 10. The State of Colorado Highway Department does not want to make any new curb cuts or change the location of the present access to the property. 11. Farm equipment sales, repair and installation facilities are permitted by special use under the uses by special review permit in the agricultural district. B. Issue: Do the owners of the property, and their grantees, transferees, succes- sors, and assigns, have the right to use the present road within the easement for ingress and egress to the property upon which the easement exists without the City of Longmont' s consent? C. Legal Conclusion: 1 . Under applicable Colorado case law, the rights of one holding an easement across the land of another are measured by the nature and purpose of the easement. An easement does not carry any title to the land over which it is exercised and the easement does not work a dispos- session of the landowner. Barnard v. Gaumer, 361 P.2d 778 (1961) . (a copy of the case is attached as Exhibit-6:)— Accordingly, the City of Longmont, by having an easement, does not work a dispossession of the landowner to use the land upon which the easement exists. "The owner of the servient estate continues to enjoy all the rights and benefits of proprietorship consistent with the burden of the easement." Barnard, supra. This means that the owner of the property may use the easement ground for any purpose as long as the City' s ingress and egress to the dump is not unreasonably interfered with in the owner' s use of the prop- erty. 2. There is nothing in the recorded documents to show that the grant of easement was exclusive in the City. The city received ". . . a right-of-way for ingress and egress . . " The Deed does not say that it was an exclusive right-of-way or the only right-of-way. 3. In our opinion, the owner of the land does have the right to use the roadway for ingress and egress to the owner' s property in con- junction with the City of Longmont, and the members of the public who use the right-of-way. The owner' s burden is only that his use of the ease- ment, or the land upon which the easement exists, may not unreasonably interfere with the City' s right to use its right-of-way for ingress and egress. 4. It is well settled that all rights expressly granted or neces- sarily incident to the enjoyment of an easement pass with it, but this is the absolute limit of what passes. Smith v. Wright, 424 P.2d 384 (1967). Accordingly, the City only has a right-of-way'for ingress and egress. It qmr --nrw • Memorandum to: Weld County .. . November 14, 1983 Page 4 does not have the right to prevent the owner from granting other ease- ments or rights-of-way, nor does it have the right to prevent the owner from using the roadway for access to his own property. Barnard, supra. 5. In the Barnard case, the Supreme Court of Colorado held that the grantor of the easement, and his assigns, has the right of use in common with the grantee. Furthermore, when an easement is not exclusive, • the several grantors, their assignees, licensees, and invitees, have the right to use the road in common with the grantee. 6. Based upon the above law, when Mr. and Mrs. Baldridge become the owners of the property, they, along with their customers, have the right to use the present roadway for ingress and egress to their prop- erty, as long as ingress and egress to the landfill is not substantially interfered with or denied. 7. In its memo to the Planning and Zoning Commission of October 18, 1983, the City indicates that the developer should be responsible for paving the driveway to the point of access and moving the gate to the landfill south. This matter is also addressed in the Barnard case which was a case involving a road easement. In Barnard, the court held that "absent any agreement on the question of maintenance of a private way, the burden of upkeep should be distributed between dominant (easement land) and servient (landowner' s remaining land) tenements in proportion to their relative use of the road, as nearly as such may be ascertained." Accordingly, the City does not have the right to require the landowner to pave the driveway to any point. The dirt roadway can be maintained, in the future, in proportion to the relative use of the road, as nearly as such may be ascertained. The moving of the landfill gate further south is something that the landowner and the City can discuss and try to agree upon. D. Summary: Mr. and Mrs. Donald Baldridge, as owners, would have the right to use the present roadway for access to and from their property without the City of Longmont's consent. They respectively request that the use by Special Review Permit be granted. If you have any other questions that you would like to have addressed, please let us know, and we will do our best to get you an immediate re- sponse. mU 3. Additional information requested by the Division of Highways is premature for the rezoning application. We are able to respond as follows to the concerns stated by the Division of Highways: 1) The alignment of the western access with County Road 3-1/2 is a desirable layout. The applicants are willing to proceed with establishing communication with the adjacent property owners regarding feasibility of this alignment. However , this communication may be difficult to establish and even more difficult to resolve as the owner of the adjacent property is Great Western Sugar Company, presently in bankruptcy court . With this action, all negotiations with the Sugar Company are frozen until bankruptcy concerns are resolved. The developer will submit a formal access approval request to the Federal Highway Administration once the P.U.D. development plan is submitted . 2) Construction plans for the turn lanes onto Highway 119 will be completed at the appropriate time, namely the P.U.D. Development plan phase . As the sketch plan and rezoning plats do not establish dedication of the illustrated rights-of-way, it is premature to supply this information with the present application . 3) Notes regarding the allowed uses of the accesses for adjacent properties onto Highway 119, will be added to the P. U .D. development plan at the time of that submittal . 4) The retention pond shown on the previously submitted sketch plan is in its conceptual stage. If the pond is determined to be feasible at the time of the P.U.D. Development Plan phase, provisions will be made in the design of the pond to detain storm water by means of excess freeboard so that historic runoff onto Highway 119 is not exceeded. The Highway Department will be consulted and allowed to review the drainage plan at the time of the P. U .D. Development Plan phase. 5) Landscaping is considered to be an amenity that will enhance the site and the surrounding area. The Highway Department will be consulted closely to resolve a means of improving the right-of-way frontage so that the landscaping can provide a continuous treatment to the highway . Sight distances will be carefully evaluated so that traffic hazards are minimized . 4 . Aa stated in the P .U .D. Development Plan narrative, the feasibility of the pond will be explored at the P.U. D. Development Plan stage. With this application, the Sketch Plan proposal pond concept is revised to commit to a common openspace amenity area in the pond location . Size, type and location of the amenities are to be finalized and detailed at the time of P. U.D. Development Plan application. Phasing of the development will be discussed again at the P .U .D . Development Plan stage of the application. There may be advantages to phasing a project of this size, but specific plans would be conjectural at this time. Rather than speculate about the many possible outcomes, we will wait until the appropriate time of the P. U.D. Development Plan for phasing to be finalized. 5. The following information addresses the requirement for submittal of a traffic study as a condition of the zoning change process: The proposed development consists of 27 lots , comprising a total of approximately 83 acres. The average lot size of the development is approximately 2.9 acres. All access to the commercial-industrial P. U.D. will be by way of an internal circulation loop connecting with Highway 119 at two points. There is direct access to Highway 119 at the easternmost and westernmost ends of the property, with approximately one-half mile separating the two intersections. This development is approximately two and one-half miles west of Interstate 25, and approximately one and one-half miles east of the Boulder/Weld County line. The existing access on the easternmost edge of the property serves the Advanced Equipment building, as well as the City of Longmont landfill operation located to the south of the property . (Please refer to the enclosed letter from the office of Grant , McCarren & Bernard regarding the use rights of the easement) . East of the parcel is an agriculturally maintained parcel on a slope that descends to the St. Vrain Creek . West of the parcel is the property owned by Great Western Sugar Company, currently in agricultural production. The northern edge of the parcel abuts Highway 119, with two 24 foot farm openings located between the proposed intersections. These openings will be abandoned when the proposed accesses are approved by the Division of Highways. North of Highway 119 are properties currently in agricultural production . A development proposal is in the review process for a large mobile home park in the intersection of Highway 119 and County Road 3-1/2. With increased developments planned and being constructed in the Del Camino area, this parcel conforms to the changing developed character of the area . Traffic impact, generated from the Baldridge-Richardson P. U.D. , has been initially reviewed in telephone conversations with Wally Jacobson and Chuck Peterson. transportation specialists for the State Division of Highways. The traffic generation numbers given are approximate. We have used a factor of 20 for industrial parks for the purposes of this study. As the P.U.D. will be both commercial and industrial in nature, refinement will be appropriate once development plans are further defined. In addition, once the mix of commercial uses to industrial uses are determined, further refinement may prove necessary. The proposal is for a P.U .D . of approximately 83 acres. The weekday trips per day, from an industrial park designation, would be approximately 1154 . This factor is designated as a minimum , appropriate to use in this case due to the fact that this area is relatively remote from highly developed industrial areas. It is approximated that 50'< of the traffic would be using the east access and 50t using the west access. This results in approximately 577 vehicles per day per access . We have estimated 241 vehicle trips per hour at the peak morning hour, and 174 vehicle trips per hour at afternoon peak hour. With 50: of the vehicles per hour using each access, we expect 121 vehicle trips per access per morning peak hour, and 87 vehicle trips per access per afternoon peak hour. In my telephone conversation with Chuck Peterson , he explained that the subject section of Highway 119 had 10.600 Average Daily Trips in 1984 . This ADT was in both an east and west direction over the four lane highway. He expects that by the year 2004, and with continued present day use, there will be 16,960 ADT on this section of roadway. This results in a Design Hour Volume for Highway 119 of 1, 166 vehicles per hour presently on the road, and an estimated 1 ,866 vehicles per hour in the year 2004. The capacity of the roadway is the last matter to consider before coming to conclusions on the impact of the P.U.D. on Highway 119. The roadway is rated at a capacity for 3,356 vehicles per hour. With this rating, there is a present excess capacity of 2, 190 vehicles per hour, and an expected excess capacity of 1 ,490 vehicles per hour in the year 2004 . Calculations of the estimated traffic generated from the proposed P.U. D. resulted in an excess present day capacity of 1 ,949 vehicles per hour in the morning peak and an estimated excess capacity of 2,016 vehicles per afternoon peak hour . With the additional traffic generated from the P.U.D. , the year 2004 will expect an excess capacity of 1 ,625 vehicles per morning peak hour and 1 ,692 vehicles per afternoon peak hour. Highway 119 is classified as a four-lane, paved highway. The road is divided and has continuous shoulders and turn lanes. The highway is semi-controlled, with stop signs at intersection points. It is yet to be determined whether acceleration and deceleration lanes are necessary to serve the proposed and existing access for the proposed development. Once review of this study and other necessary analysis is done, the Division of Highways can make a determination as to the need for these lanes. If the Highway Department finds a need for these lanes , coordination with the developers will occur to design the appropriate facilities. We feel we have given as much information as possible at this preliminary stage of the application. As the project progresses into the Development Plan stage, additional refinement and supplemental detail will be added to the above numbers . 6. ARCHITECTURAL COVENANTS The Baldridge-Richardson P. U. D. will develop covenants at the appropriate stage of the development process, namely with the P. U .D. Development Plan application. It is stated in Sections 28.5. 3.2.8 through 28.5.3.2. 13 of the Weld County Zoning Ordinance that the specific details of such covenants are appropriate and required at the P.U .D. Development Plan stage of the review process. We feel it is premature and beyond the intention of the Zoning Ordinance to provide specific detail at this time. The philosophic issue of Land Use appropriateness would best be handled, we believe, during the Rezoning Plan phase. Therefore, we are providing information in line with that concept . However, since the Planning Staff has requested specific information regarding certain aspects of the P. U.D. Development Plan, we are supplying that additional information as we are best able at this preliminary stage. In the Sketch Plan application, we submitted typical criteria that will be formed into covenants at the P.U.D. Development Plan application . Those criteria are as follows: Buildings shall be designed in a manner that is complimentary to the site. This includes provisions for low profiles and horizontal lines. Earthtone color schemes shall be the predominant hues allowed. Accent colors will be allowed if harmonizing effects are created . Buildings shall not exceed 35 feet in height. Parking on each lot will be sufficient to provide for employees, visitors and service functions of the facility . Parking, trash locations, utility transformers and other unsightly features will be screened by a 6' solid wood fence , or by means of a landscaped hedge planted with varieties and amounts sufficient to create a continuous, opaque screen within five years. Landscaping will be installed along the highway frontage by means of berming, sodding, use of native grasses, and with plantings of trees and shrubs. Quantities and varieties shall be sufficient to create an interesting visual buffer separating the highway from the P.U. D. This criteria will be further defined later in the project . Landscaping will be maintained in a healthy manner. Pruning, mowing, elimination of noxious weeds and replacement of dead or drying plant maters-al not done by the lot owner after a 30 day notice period from the Commercial Property Owners Association, will be done by the Association and charged to the lot owner. In addition, we are able to supplement the above criteria with the following as criteria to be used for the formation of the covenants : Water and Sewer utilities will be built to City of Longmont standards unless, in doing so, there is a conflict with Left Hand Water Supply Company or Longmont Rural Fire Protection District. Covenants addressing minimum setbacks shall be established. These will have specific standards for the northern portion of the P.U .D. (Blocks 1 and 2) , and separate specific standards for the southern portion of the P.U.D. (Block 3) . Covenants shall be established that designate acceptable facade materials such as brick or stone, again with stipulations for Blocks 1 and 2, and others for Block 3. The intention of the P.U.D. is to have buildings with Highway 119 frontage appear more attractive than conventional steel industrial buildings . Covenants shall be established that designate minimum parking requirements, layout and/or screening of the parking. Covenants shall include restriction of parking in the front yard setback, and minimum landscaping requirements for the parking area perimeter and interior. These covenants shall be more restrictive for Blocks 1 and 2 than for Block 3 . Covenants will be established that further address landscaping requirements. A Master Landscape Plan shall be drawn up that controls quantities, locations, and species of plant material for the entire P. U.D. Landscape Guidelines may also be set up instead of, or in addition to, the Master Landscape Plan that allows individual design within the parameters of the Guidelines. Landscaping done initially by the developer shall be designated as separate from that required of individual lot owners. Extensive landscaping is desirable in this P. U.D. to ensure a quality development. Landscaping along the Highway 119 frontage will be generous, with covenants specifically addressing this treatment. Covenants will be established that address restricted or prohibited uses within the P. U.D. Uses that are acceptable within the designations set forth by the Weld County Zoning Ordinance for Commercial and Light Industrial zones may not be desirable within this P.U .D. The covenants will identify which of those uses, allowed by zoning, will be restricted or prohibited. The covenants shall be drawn up in such a manner as to be legally binding, administered and enforced by an Architectural Control Committee. This committee will originally be the developers, with membership expanding to those owners that buy property within the P.U.D. Fees will be assessed to all members to cover the services provided by the Committee, including maintenance of the P.U .D. The covenants shall be given to prospective buyers to review. They will be asked to provide specific development plans for the Architectural Control Committee to review prior to lot sale. If the proposed development plans are not acceptable to the Architectural Control Committee, the lot will not be sold . Hello