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Home My WebLink About880979.tiff RESOLUTION RE: APPROVE MINOR SUBDIVISION FINAL PLAT/SITE SPECIFIC DEVELOPMENT PLAN S-293 - JOHN KEMP 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, on the 12th day of October, 1988 , the Board reviewed the request of John Kemp for a Minor Subdivision Final Plat/Site Specific Development Plan pursuant to the requirements of Section 12-3 F. of the Weld County Subdivision Regulations, and WHEREAS, said request is for property being described as follows: Part of the NE* of Section 1 , Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board deems it advisable to approve said request for a Minor Subdivision Final Plat/Site Specific Development Plan for the following reasons: 1 . The Minor Subdivision conforms with the requirements of Section 12-3F. of the Weld County Subdivision Regulations. This section incorporates the review criteria of Section 5-4 A. of the Weld County Subdivision Regulations. a. The well water to the proposed lots has been appropriately permitted by the State of Colorado Division of Water Resources . b. A review of the proposed subdivision ' s sewage disposal system by the Weld County Health Department has occurred and is in compliance with the Weld County Individual Sewage Disposal System Regulations . c. No danger to human life or structures will result from soil erosion, soil instability, or air pollution. 880979 Page 2 RE: MINOR SUBDIVISION - KEMP d. No unreasonable congestion or unsafe conditions will be placed on any existing highways , nor will burdens be placed on educational or local governments in providing services . e. There will be no undue adverse effects on scenic, historical, or natural areas , wildlife habitat, or surrounding residential properties . WHEREAS , the approval of the Board is subject to the following conditions : 1 . Prior to the recording of the Minor Subdivision Plat, the applicant shall submit to the Deparment of Planning Services evidence satisfying the following criteria: a) The Minor Subdivision Plat shall be in compliance with Section 8-6 of the Weld County Subdivision Regulations regarding easement standards . b) The Minor Subdivision Plat shall be corrected to reflect the proper legal descriptions . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of John Kemp for a Minor Subdivision Final Plat/Site Specific Development Plan S-293 be, and hereby is , approved, subject to the conditions hereinabove listed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: �� WEL C UNTY, COLORA�DOO��,,�, Weld County lerk and Recorder . _'≥ l�i erai """'",_ and Clerk to the Bo d Gene R. Brantner, Chairman EXCUSED DATE OF SIGNING (AYE) (AgJ C.W. Kirby, Pro-Tern /Deputy County erk APPROVED AS TO FORM: 4uee4son Go cy County Attorney Frank amaguchi 880979 INVENTCRY OF ITEMS SUBMITTED FOR CO::SIDERATION Case Number S 193 Submitted or Prepared Prior to Hearing At Hearing 1. Application ZS Pages 2. I Application plat(s) I page(s) 3. DPS Referral Summary Sheet rV 4. DPS Recommendation / 5. DPS Surrounding Propery Owner Mailing List / 6. DPS Mineral Owners Mailing List 7. 3 DPS Naps Prepared by Planning Technician / 8. DPS Notice of Hearing 9. DPS Case Summary Sheet ,/ • 10. DPS Field Check ' 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the IC items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on O , .,. _ w 19 . Cu e STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS to DAY OF R 19 SEAL • NOTARY PUBLIC \My Commission Expires Feb. 13, 1989 880979 HV COMMISSION EXPIRES _ BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION -RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resoltuion be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-293 NAME: John Kemp -ADDRESS: 11445 Riverdale Road, Northglenn, CO 80233 REQUEST: Minor Subdivision Final Plat/Site Specific Development Plan LEGAL DESCRIPTION: Part of the NE& of Section 1, T2N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,200 feet north of the unincorporated community of Roggen; north of and adjacent to the north I-76 Frontage Road. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The minor subdivision conforms with the requirements of Section 12-3 F. of the Weld County Subdivision Regulations. This section incorporates the review criteria of Section 5-4 A. of the Weld County Subdivision Regulations. - The well water to the proposed lots has been appropriately permitted by the State of Colorado Division of Water Resources. - A review of the -t1s proposed subdivision's sewage disposal system by the Weld County Health Department has occurred and is in compliance with the Weld County Individual Sewage Disposal System Regulations. - No danger to human life or structures will result from soil erosion, soil instability, or air pollution. - No unreasonable congestion or unsafe conditions will be placed on any existing Highways, nor will burdens be placed on educational or local governments in providing services. - There will be no undue adverse effects on scenic, historical, or natural areas, wildlife habitat, or surrounding residential properties. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. ,380979 S-293 John Kemp Page 2 Prior to the recording of the minor subdivision plat, the applicant shall submit to the Department of Planning Services evidence satisfying the following criteria: 1 . The Minor Subdivision plat shall be in compliance with Section 8-6 of the Weld County Subdivision Regulations regarding easement standards. 2. The Minor Subdivision Plat shall be corrected to reflect the proper legal descriptions. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage Jerry Burnett Ann Garrison Ivan Gosnell Lynn Brown Rick Iverson Jerry Kiefer Ernie Ross 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 October 4, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 5th day of October, 1988. 01.E--L�-' Bobbie Good Secretary 880919 October 4, 1988 CASE NUMBER: S-293 NAME: John Kemp ADDRESS: 11445 Riverdale Road, Northglenn, CO 80233 -REQUEST: Minor Subdivision Final Plat/Site Specific Development Plan -LEGAL DESCRIPTION: Part of the NEti of Section 1, T2N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,200 feet north of the unincorporated community of Roggen; north of and adjacent to the north I-76 Frontage Road. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The minor subdivision conforms with the requirements of Section 12-3 F. of the Weld County Subdivision Regulations. This section incorporates the review criteria of Section 5-4 A. of the Weld County Subdivision -Regulations. The well water to the proposed lots has been appropriately permitted by the State of Colorado Division of Water Resources. - A review of the the proposed subdivision's sewage disposal system by the Weld County Health Department has occurred and is in compliance with the Weld County Individual Sewage Disposal System Regulations. No danger to human life or structures will result from soil erosion, soil instability, or air pollution. - No unreasonable congestion or unsafe conditions will be placed on any existing Highways, nor will burdens be placed on educational or local governments in providing services. There will be no undue adverse effects on scenic, historical, nr natural areas, wildlife habitat, or surrounding residential properties. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. Prior to the recording of the minor subdivision plat, the applicant shall submit . to the Department of Planning Services evidence satisfying the following criteria: 880979 5-293 John Kemp Page 2 1. The Minor Subdivision plat shall be in compliance with Section 8-6 of the Weld County Subdivision Regulations regarding easement standards. 2. The Minor Subdivision Plat shall be corrected to reflect the proper legal descriptions. 880979 LAND-USE APPLICATION SUMMARY SHEET Date: May 10, 1988 CASE NUMBER: S-293 NAME: John Kemp ADDRESS: 11445 Riverdale Road, Northglenn, CO 80233 REQUEST: Minor Subdivision Final Plat/Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE} of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: Adjacent to the unincorporated Town of Roggen, North of Interstate 76, and west of Weld County Road 73. SIZE OF PARCEL: 12.9 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 5-4 A, of the Weld County Subdivision Regulations. The Department of Planning Services' staff has a concern about the proposed well as the source of water for the I-76 Motel and Cafe. This well is recorded as a domestic well which is considered an inadequate water source for a commercial business. Please review the attached letter dated May 2, from the Division of Water Resources. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - Colorado State Engineer Division of Water Resources - Weld County Attorney - Colorado State Highway Department - Colorado State Geologic Survey - Southeast Weld Soil Conservation District A copy of these referral responses are included in this summary packet. The Department of Planning Services' staff has received non-objectionable responses from the following referral agencies: - Weld County Health Department - Weld County Engineering Department - Southeast Weld J+ Fire District 280979 John Kemp S-293 Page 2 The Department of Planning Services' staff is recommending that this request be continued until June 21, 1988, for the following reason: 1 . The applicant has not satisfied the application criteria requested by the State Engineer Division of Water Resources by changing the classification of the well from domestic to commercial. 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E :..1,,:11✓�1 tx % ;.... tl- 0�. w j ..• S,.yey`,.fw..'f�....? IA�x ss .r- _. �-'-Y ;' Y • Low..., u n k •r"• . for ?'t`-r '1144'.•�Y • 4 fi�tt- "yt r!ax 7�P ., ± 4 .✓7 N `r ry ,'` t�Ps Fs. ' F sr:tl r ie{ s _S is <r s i tia • I. � t �rrt a r` f- �'iJ "s"^t �S J7.CJ,t , "C 1B '"n " • y� r . R� 1 ti{ \- y , .. . - 880979 3 F ‘2":".7)1(-71.-4".,'' ;f �� _: h•:., t}t ,.t.' -' . . _ _ �`:� i.�a:-:...-.n.*....s.+.,•ud..�_w-..i,.W• i I t #t AHad�{jyl'r*,7,;:%!•70.1%?" q ., : FIELD CHECK FILING NUMBER: S-293 DATE OF INSPECTION: April 26, 1988 NAME: John Kemp REQUEST: Minor Subdivision LEGAL DESCRIPTION: Part of the NE} of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: Adjacent to the unincorporated Town of Roggen and north of I-76 LAND USE: N Agricultural Production E Open Field S Frontage Road, I-76, Town of Roggen W Open Field ZONING: N A (Agricultural) E A (Agricultural) £ A (Agricultural) W A (Agricultural) COMMENTS: There are three structures on three of the four proposed minor subdivision lots. On Lot 1, there is a Stuckey's, which is a restaurant, a giftshop, and a filling station. On Lot 2, there is an I-76 Motel and a cafe, and on Lot 3 there is a filling station. Lot 4 is an open field. Lots I through 3 are zoned C-4 (Commercial) . Lot 4 is zoned A (Agricultural) . Accesses serving the minor subdivision site are off of a blacktopped frontage road. There are two accesses serving Lot 3, one access serving Lot 2, and two accesses serving Lot 1 . Access to Lot 4 is off the end of the dead end of I-76 Frontage Road. All the parking lots are surfaced with blacktop and are in need of minimum repairs. On Lot 4 there is some debris and a derelict vehicle which needs to be removed. Bri� an?d i xer(1 -6/7- 880979 C C REFERRAL LIST APPLICANT: John S. Kemp CASE NUMBER: S-293 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 29, 1988 NO SR NR NO SR NR X County Attorney X Weld County Health Dept. X Engineering Department X State Engineer 5_ 3 - cis Division of Water Resources 5r=c-r- - 1313 Sherman St., Room 818 1-0'"--a cc +'-'c. -- Denver, CO 80203 X State Highway Department P.O. Box 850 Greeley, CO 80632 X Planning Commission Member LeAnn Reid 7830 Weld County Road 81 Roggen, CC 80652 / X Southeast Weld J+ V c/o Ardith A. Cody Roggen, CO 80652 X Colorado Geologic Survey c/o Candace Jochim 1313 Sherman, Room 715 Denver, CO 80203 / X Southeast Weld Soil conservation District 60 South 29th Avenue Brighton, CO 80601 NO=No Objection SR=Specific Recommendations NR=No Response 880979 �co DFc�<D R9 ROY ROMER _ O, JERIS A. DANIELSON Governor State Engineer /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 May 2, 1988 Mr. Brian J. Bingle Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Kemp Subdivision, #S-293 NE1/4, Sec. 1, T2N, R63W Dear Mr. Bingle: We have reviewed the above referenced proposal to divide a 12.9 acre tract into four parcels in the Lost Creek Ground Water Management District. The proposed 1.98 acre parcel will be supplied by an existing well (Permit No. 12842F) and the proposed 0.95 acre parcel by another existing well (Permit No. 82516) . The third proposed tract (3.05 acres) , however, contains a motel and cafe to be supplied by a domestic well (Permit No. 45432) . The proposed use is not permitted. As explained by the applicant, he has begun the process to rectify this problem. However, we cannot guarantee a new permit for the proposed uses; therefore, we cannot recommend approval of this proposal until the applicant obtains a new well permit for the proposed uses. The fourth tract (6.91 acres) is presently undeveloped. It is unclear what the water requirements for this tract will be. A small capacity well permit will be available for the tract. Sincerely, Hal D. Simpson, P. E. Deputy State Engineer HDS/JCM:ma/4791I cc: Purushottam Dass U `t) I MAY s 1983 p(T�p�yp Ve.Ili CO, 'Ier,aiiw GnnIolssiop 8809 !9 - s t �- � -' 7`� : A. \, ( ,,,,&0674:./1-?-1)Lekd DEPARTMENT OF PLANNING SERVICES : J - t^ ,;,.., PHONE(°03)356-0030 EXT. 400 f-" 915 10th STREET +--. GREELEY, COLORADO 60631 1 - ' ' r t. k 'ii 2 CASE NUMBER S-293 nOLDIADO April 15, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from John Kemp for a Minor Subdivision Final Plat, Site Specific Development Plan. The parcel of land is described as part of the NEi of Section 1 , T2N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the unincorporated Town of Roggen, north of Interstate 76, and west of Weld County Road 73 . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated . Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by April 29, 1988, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that the request _ (does/does not) comply with our Comprehensive Plan for the following reasons. C 1 2. We do not have a Comprehensive Plan, but we feel this request r Thry (is/is not) compatible with the interests of cur _9-2_ town for the following reasons: n • 7O 'L_SLI m. w ! — " _r1 3. / We have reviewed the prloposal and find no conflicts with our a.• OJ UD interests .Jo; / c& .o�--!/�ROL fal! .71geyyL.�gg_gc», lwJjIKeR- / ▪ CO .i,- I&cnoRl fa �iJil5 /ght//annad. ✓e)i�s G/a✓e fWn,Pt /i-,-,iii-;6o,-+ /2 Shay//ow G A forral reeer.:m.enc'atien is under ccrsiceraticn and will be¢Xc�0rtr(44,6 duo uc — 1---1 submitted to you prior to: _ bsnt cy✓inc? 5 . Please refer to the enclosed letter. Signed : (n(eys___ Agency:-�� ,i ( - Date: _.7-4O tee.Z 880979 IS PLAT WAS FILED =0P RECORD It. THE OFFICE OF THE COUNTY CLERK ND RECORDER OF WELD COUNTY AT M ON THE DAY OF A 0 '_957 . IN BOOK PAGE CEPTION MAP COUNTY CLERK AND RECORDER BY DEPUTY RTIFICATE OF DEDICATION, OWNERSHIP AND MAINTENANCE :OW ALL MEN BY THESE PRESENTS THAT JOHN S. KEMP AS TRUSTEE FOR THE POLLYANNA F. MANN RITAL TRUST AND THE FRANCES KELLY TRUST AND THE CHARLENE GROVE TRUST ING THE OWNERS OF CERTAIN LANDS LOCATED IN THE NORTHEAST QUARTER SECTION 1. TOWNSHIP 2 NORTH. RANGE 63 WEST OF THE 6TH P.M., WELD COUNTY. COLORADO. ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: GINNING AT A POINT WHICH LIES SOUTH 02'49'59' WEST 49B.93 FEET FROM THE NORTHEAST RNER OF SAID SECTION 1; THENCE SOUTH 02'03 '00" WEST 300 . 00 FEET TO THE NORTHERLY GHT OF WAY LINE OF PARCEL No . 6 AS DESCRIBED IN BOOK 1523 PAGE 104: THENCE ONG SAID NORTHERLY RIGHT OF WAY THE FOLLOWING COURSES: RTH 67'44'00" WEST 127.00 FEET: 158. 03 FEET ALONG THE ARC OF A CURVE TO THE LEFT VING A RADIUS OF 250.00 FEET AND A LONG CHORD WHICH BEARS NORTH 85'50 '30" WEST 155 . 41 FEE- UTH 76'03'00" WEST 171 .80 FEET;! 223.48: FEET ALONG THE ARC OF A CURVE TO THE LEFT VING A RADIUS OF 250.00 FEET AND A LANG CHORD WHICH BEARS SOUTH 50'26'30" WEST 216. 11 FEE- JTH 24'50'00' WEST 443.60 FEET: (522. 16! ALONG THE ARC OF A CURVE TO THE RIGHT ✓ING A RADIUS OF 904.30 FEET AND -A LONG CHORD WHICH BEARS SOUTH 41'22'30" WEST 514. 93 FEE- ENCE DEPARTING FROM SAID NORTHERLY RIGHT OF WAY, NORTH 00'21 '00" WEST 929.54 FEET; ENCE NORTH 69'05'26' EAST 922.20 FEET; THENCE NORTH 76'03'00" EAST 24.00 FEET; ENCE 158.02 FEET ALONG THE ARC OF_A—cu L&To THE RIGHT HAVING A RADIUS OF 250 .00 FEET 3 A LONG CHORD WHICH BEARS SOUTEI 85'50 '30')EAST 155. 40 FEET; THENCE JTH 67'44'00' EAST 118.00 FEET TO THE POINT OF BEGINNING NTAINING 12.90 ACRES, MORE OR LESS: HAVE BY THESE PRESENTS ID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS. AS SHOWN ON THIS PLAT, 3ER THE NAME AND STYLE OF MINOR SUBDIVISION No . AND DO HEREBY DEDICATE TO THE PUBLI _ WAYS AND OTHER PUBLIC RIGHTS-OF-WAYS AND EASEMENTS FOR PURPOSES SHOWN HEREON. IT UNDERSTOOD AND AGREED TO BY THE OWNER THAT THE DEDICATED ROADWAYS SHOWN ON THIS T WILL NOT BE MAINTAINED BY THE COUNTY UNTIL AND UNLESS THE OWNER OR HIS ASSIGNS STRUCTS THE STREETS IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS IN EFFECT AT THE TIME THE RECORDING OF THIS PLAT . CUTED THIS DAY OF A .D., 1987 . JOHN S. KEMP TRUSTEE FOR THE POLLYANNA F . MANN MARITAL TRUST AND THE FRANCES KELLY TRUST THE CHARLENE GROVE TRUST - S.S. NTY OF WELD 88(°979 FOREGOING INSTRUMENT WAS ACKNOWLEDGFfn ow, — - .a77 I J STATE OF COLORADO DIVISION OF HIGHWAYS .. P.O. Box 600 Greeley, Colorado 80632-0850 il� (303) 353-1232 "1� R7' '.1'4;1S April 13, 1988 Weld Co. , i-(6 APR 27 1988 Kemp Sketch Plan Li \ N. and W. of Roggen Interchange Mr. Thomas Cope, P.E. Weld Co. Pla1l;uiit olimntiSSifli Tuttle Applegate Rindahl, Inc. DOH File 45100 11990 Grant Street Denver, CO 80233 Dear Mr. Cope: The Colorado Division of Highways District Four office has reviewed your April 8, 1988, letter to Wally Jacobson requesting a reconsideration of the State Highway Access Code in relation to the Kemp Minor Subdivision. Upon further review of the applicable sections of the Code and discussion with the District Engineer, we have determined that the Code would not require closure of any driveways serving the existing businesses on this property at this time. Our original position regarding the conformance of access to this property to the Code was based on the proposed commercial development and change in use of the agricultural portion of this property. The previous Sketch Plan has been revised and now shows a lot for each of the three existing businesses. The balance of the property will continue as an agricultural parcel. Therefore, no change in use of this property will result from this subdivision. In our 1/29/88 letter to Rod Allison, we indicated that subdivision of property abutting a state highway requires conformance of access to the Code. Our reconsider- ation of the particular case takes into account the fact that the three businesses have existed for a number of years and the low volume of traffic on the frontage road. We agree that the position of the gas pumps at the U-Pump-It station precludes use of a single access by large vehicles. Due to the low volume of frontage road traffic, closure of the western access to the Stuckeys Restaurant is not warranted. However, we strongly recommend that it be closed due to its proximity to the adjacent intersection. Although this access is used most often at the present time, its closure should have no adverse impact on the operation of this business. In view of the above circumstances no Access Permit or further review by this office is necessary. Please let us know if you have any questions. Very truly yours, DOUGLAS RAMES DISTRICT ENGINEER John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: Rod Allison/Weld Co. Plan. D. Yost Area Foreman !d,✓; File: Crier-Jacobson via Rames p 8809ry19 STATE OF COLORADO DIVISION OF HIGHWAYS tiC P.O. Box 850 ;� .� Greeley, Colorado 80632-0850 (��' -'�5�� (303) 353-1232 �� o° Q.pc coy°� April 18, 1988 Weld Co. , 1-(6 Kemp Sketch Plan N. and W. of Roggen Interchange Mr. Thomas Cope, P.E. Tuttle Applegate Rindahl, Inc. DOH File 45100 11990 Grant Street Denver, CO 80233 Dear Mr. Cope: The Colorado Division of Highways District Four office has reviewed your April 8, 1988, letter to Wally Jacobson requesting a reconsideration of the State Highway Access Code in relation to the Kemp Minor Subdivision. Upon further review of the applicable sections of the Code and discussion with the District Engineer, we have determined that the Code would not require closure of any driveways serving the existing businesses on this property at this time. Our original position regarding the conformance of access to this property to the Code was based on the proposed commercial development and change in use of the agricultural portion of this property. The previous Sketch Plan has been revised and now shows a lot for each of the three existing businesses. The balance of the property will continue as an agricultural parcel. Therefore, no change in use of this property will result from this subdivision. In our 1/29/88 letter to Rod Allison, we indicated that subdivision of property abutting a state highway requires conformance of access to the Code. Our reconsider- ation of the particular case takes into account the fact that the three businesses have existed for a number of years and the low volume of traffic on the frontage road. We agree that the position of the gas pumps at the U-Pump-It station precludes use of a single access by large vehicles. Due to the low volume of frontage road traffic, closure of the western access to the Stuckeys Restaurant is not warranted. However, we strongly recommend that it be closed due to its proximity to the adjacent intersection. Although this access is used most often at the present time, its closure should have no adverse impact on the operation of this business. In view of the above circumstances no Access Permit or further review by this office is necessary. Please let us know if you have any questions. Very truly yours, DOUGLAS RAMES DISTRICT ENGINEER L.- John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: Rod Allison/Weld Co. Plan. -- -_ D. Yost p — Area Foreman • 1 File: Crier-Jacobson via Rames APR 91 1988 8809' 9 :mil CO. �I;gbllllf + �iluul'.�II. • Qv (1(!L ROY R.RCMER �� WE-88-0022 GOVERNOR * * JOHN W. ROLE) DIRECTOR /8764 COLORADO COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER.COLORADO 80203 PHONE(303)866-2611 April 21 , 1988 Mr. Brian J. Bingle Weld County Dept. of Planning Services 915 10th Street, Room 342 Greeley, CO 80631 Dear Mr. Bingle: RE: S-293, ROGGEN I-76 BUSINESS PARK We have reviewed the plat and attendant information for the proposed subdivision. The geology on the site consists of Denver/Dawson Formation bedrock overlain by eolian sands. Although no additional construction is planned at this time, any future development should take into consideration potentially collapsing soils and erosion. We would also suggest that the current residents may wish to test their buildings for potential radon gas hazard; the Dawson Formation has been found to produce high levels of radon gas in other areas along the Front Range. In conclusion, there appear to be no major geologic constraints that would preclude development on this property, and we have no objection to the approval of this application. Sincerely, / ttlQc C/ 7/4c (G: ry Candace L. Jochim Engineering Geologist bcr:CLJ-88-062 3756/6 L u] 1Erv' ��t`? It, APR 2 5 1988 e. I GEOLOGY STORY OF THE PAST.. .KEY TO THE FUTURE Relit Cu ?P'.Iiul` . .nouxau, 880979 John Kenp Surrounding Property Owners S-293 Mike Cervi P.O. Box 169 Sterling, CC 80751 John S. Kemp, Trustee 11610 Brighton Road Henderson, CO 80640 Stuckey's Incorporated P.O. Box 95 Roggen, CO 80652 Don C. and Faye I. Ely P.O. Box 28 Roggen, CO 80652 Gary Novotny 35889 1-76 Access Road Roggen, CO 80652 William A. Sargent, Heirs of c/o John Dent 616 Denver Avenue Fort Lupton, CO 80621 Northwest Land Company 232 West 13th Avenue Denver, CO 80204 Anne Laurie Charlton, Trustee, et, al. First National Bank of Greeley, Trustee P.C. Box 1058 Greeley, CO 80632 Colorado Division of Highways 4201 East Arkansas Avenue Denver, CO 80222 State of Colorado State Board of Land Commissioners 1313 Sherman Street Denver, CO 80222 880979 <. Surrouding Mineral Owner Snon John Kemp Pollyanna F. Mann Material Trust Frances Kelly Trust Charlene Grove Trust c/o John S. Kemp 11445 Riverdale Road Northglenn, CO 80233 • 880979 • AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 ) 55 • COUNTY OF WELD 1 I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published NOTICE OF PUBLIC HEARING in the County of Weld, State of Colorado, The Weld County Planning and has a general circulation therein; that Commission will hold a public said newspaper has been published 1988,9 at 1:30Tu pm May fo the P continuously and uninterruptedly in said purpose of considering a Site County of Weld for a period of more than Specific Development Plan for the property and the purpose ' fifty-two consecutive weeks prior to the described below.Approval of the first publication of the annexed legal notice request may create a vested 1 property right pursuant to Colo- • or advertisement; that said newspaper has rado Law. , been admitted to the United States mails as APPLICANT: j oh c K regl second-class matter under the provisions of REQUEST: Final Plat for a Minor - the Act of March J, 1879, or any • subdivision • amendments thereof, and that said the LEGAL DESCRIPTION: Rec NE1/4 of Section 1, W ld newspaper is a weekly newspaper duly County,of the Colorado P.M. Weld qualified for publishing legal notices and advertisements within the meaning of the LOCATION: Adjacent to the laws of the State of Colorado. unincorporatedrs area of Roggest of Weld ICountytRoad and 73. wear Thal the annexed legal notice or advertise- ment was published In the regular and SIZE: 12.9 ACRES, MORE OR entire issue of every number of said weekly LESS newspaper [arlhe period of consecu• The public hearing will be held in live insertions; and that the first the Weld County Commissioners' • publication of said notice was in the issue of Hearing Room, First Floor, Weld County Centennial Center, 915 said newspaper dutrd`/./ A IJ ISi. f Tenth Street, Greeley, Colorado d and that the last publication of said notice to the Comments ao objections qst should be to the above request was in the issue of said newspaper dated submitted in writing to the Weld A.D. 19 County Department of Planning services 915 Tenth Street. • In witness whereof I have hereunto set Room 342, Greeley, Colorado80631, ore the above date or my hand this ....7:-./ day of ,LTI/ 2;- -' presented ted at the public hearing A.D. 19,.Sa' on May Copies 17, he8a. of the aplie insptionects ate available for public mspeltion in the DeDartmenl of Planning Services, Room 342, Weld ! /179 Publisher County Centennial Center, 915 Tenth Street. Greeley. Colorado 60631 - Phone - 356-4000, Extension 4400.Ann Garrison, Chairman Subscribed and sworn to before me, a , Weld County an Notary Public in and for the County of Commission Weld, State of Colorado, this ..t.f,.. day of To be published in the Johns- A.U. 19 g1�. • town Breeze ...7e- ' • ToApril it published one(1) time by / April 21, 1988 �L� { J/ st: /� Notary Public My commission expires ._.,s: . l 13t • 880979 MINOR SUBDIVISION APPLICATION , Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PRONE: 356-4000 Ext. 4404 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print ur type only except for required signatures): I (we). the undersigned, hereby request a hearing before .the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See Schedule A of Deed in Appendix (If additional space is required, attach an additional sheet of this same size.) NAME OP PROPOSED SUBDIVISION Roaaen I-76 Business Park EXISTING ZONING C-4 and Agrirultnre HO. OF PROPOSED LOTS 4 TOTAL AREA (ACRES) 12.9 LOT SIZE: AVERAGE _Lyric_ MINIMUM n q5 ac. UTILITY COMPANIES: WATER Individual Wells SEWER Individual Septic GAS Individual Propane Service PHONE. Roogen Telephone Cooperative Company DISTRICTS: SCHOOL District RE-3 FIRE Roggen Volunteer Fire Department DESIGNER'S MANE Tuttle Applegate Rindahl,Inc. PHONE (303) 452-6611 ADDRESS 11990 Grant Street. Suite 410, Denver, CO 80233 ENGINEER'S NAME Same as above PHONE ADDRESS PEE OWNER OF AREA PROPOSED FOR SUBDIVISION 8 111' NAME Pollyanna F. Mann Marital Trust, Frances PSONG Trust a Charlene Grov, ADDRESS c/o John S. Kemp 11445 A ward R� PHONE: (303)452-8258 Trusi NAME Northglenn,C0 802J3 NOME ADDRESS NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME ADDRESS ROME TELEPHONE f BUSINESS TELEPHONE I List the owner(o) and/or lessees of mineral rights on or under the subject properties of record: NAME Mann, Kelley, and Grove Trusts ADDRESS Same as Above NAME ADDRESS I hereby depose and state under the penalties of perjury that all statements proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) gnature: Owner or them ee Agent Subscribed and sworn to before o this i4^ day of 194,15._.TART rum. 880979 • MINOR SUBDIVISION FOR MANN, KELLY, GROVE TRUSTS Roggen, Colorado Care or JOHN 6. KEMP, TRUSTEE 11443 Riverdale Road Northglenn, Colorado 80233 Application Prepared By Tuttle Applegate Rindahl, Inc. 1I99O Grant Street Suite 410 Denver, Colorado 80233 (303) 432--6611 Project No. B7-132 April, 1988 880979 MINOR 6UBDiVISION APPLICATION ATTACHMENT Introduction The submittal of this minor subdivision application is in accordance to Weld County Subdivision Regulations Paragraph 12-3, the Weld County Comprehensive Plan, and the Weld County Zoning Ordinance. Our inspection of the Weld County Comprehensive Plan indicates that Roggen is not an incorporated Town and, therefore, is not included within the Urban Growth Boundary Map. Although Roggen is a very small community, it does provide some goods and services for the surrounding agriculture community and the small number of people who live in Town. This zoning, and the later construction of businesses, wilt help to expand and diversify the commercial economic base of this Community. In light of the other highway oriented businesses on the east side of Interstate 76, the commercial zoning here is compatible with surrounding land uses. Located at the interstate 76 interchange, this property has excellent access off the State Highway frontage road. Being on the other side of the highway from the Community itself, use of that Community' s water and sanitation system is not possible. In the late 60' s, Frank Mann (deceased) sold his farm but kept this particular parcel of ground near the interchange for later commercial use. In the early 70' s he obtained three (3) tenants for the property and rezoned only what he needed to located those three (3) business. In retrospect, this entire piece, which was reserved for commercial development, should have been zoned at that time. As part of Mr. Mann' s agreement with the motel owners, the motel owner could buy the ground under the motel at the end of the land lease. This time is now at hand and the motel owner has decided to exercise that option and purchase the ground. This requires the Trust to create a legal lot for the motel. A subdivision exemption is not possible because the motel' s location requires that three (3) lots be created. Also a recorded exemption cannot be used because it was used previously, when the farm was sold and this commercial property created. Therefore, Weld County Planning staff has recommended the minor, subdivision process to create the four (4) lots proposed. The subject parcel is located North of the Interstate 76 frontage road at the Roggen exit. More particularly described as the Northeast Quarter (NE 1/4) Section 1, Township 2 North, Range 63 West of the 6th P. M. , Weld County, Colorado. The existing parcel contains 12. 9 acres, more or less with the western portion used as agriculture while the eastern portion of the parcel is used as commercial. The minor subdivision application is requesting this parcel to be subdivided into four (4) lots. 880979 The three (3) proposed commercial lots presently contain existing commercial businesses on each lot. Lot 1, Lot 2, and Lot 3 as shown in the minor subdivision plat contain Stuckey' s, the I-7E Motel and Cafe, and a U-Pump-It gasoline station, respectively. Presently these existing businesses are served by water wells and septic tanks with leach fields. Public water and sewer on this property will continue to be handled by individual wells and septic systems. Following is a list of wells presently on the property with the well number and designation: 6-62-1x12642 F Stuckey' s, Inc. Industrial 1-62-1a4343E Frank Mann Domestic 1-E,2-0S21E U-Pump It, Inc. Other Well Number 1-62-1845432 in the name of Frank Mann, presently serving the I-76 Motel and Cafe, is recorded as a domestic well. This was an incorrect assignment of the well which we are presently working to resolve. We have submitted a new well application to change the use of the well from domestic to commercial. However, the State Engineer' s Office has informed us that the aquifer is capable of using the existing well for the amount as designated and the Lost Creek Water Basin has no objections to the proposed minor subdivision or to the changing of the use of the well. However, the process to change the well is a timely process and requires two (2) separate advertisements in public newspapers as well as a minimum thirty (30) day comment period. We are requesting Weld County to allow action on this minor subdivision application although the final paperwork on the well reassignment has not been completed. During our investigation of this project, we found that the Weld County Health Department had no record of an existing septic system at the U-Pump-It gasoline station. We have submitted the necessary paperwork to the Weld County Health Department to allow a septic permit to be issued for this system, see appendix. We do not anticipate any problems with that permit process. Utilities All the necessary utility companies have been contacted as to their capabilities to serve the minor subdivision. The minor subdivision plat contains their signatures. We have submitted a written request from the Colorado Department of Highways to allow the accesses to remain as they presently exist, see appendix. The request is based on the historic use and initial approval of these accesses. 880979 Please refer to the appendix for the description of soils on the property and note that limitations to septic field disposal are slight. Lega_I Verification We have provided a copy of the Certificate of Title, the certificate from the County Treasurer showing that no taxes are due and a copy of the deed in the appendix. No irrigation companies are affected by this minor subdivision, therefore, no agreements are required. We have also not provided any improvement agreements or deed restrictions because none are needed on this minor subdivision. We have also provided a list of the adjacent properties. 880979 APPENDIX List of Minerals and/or Subsurface Owners Affidavit of Interest Owners Mineral and/or Subsurface Names o1 Owners of Property within nu) Feet Affidavit of Interest Owners Surface Estate Copy of 1986 Tax Notice Personal Representative' s Deed Soil Survey Letter to Weld County Health Department Letter to Colorado Department of Highways 880979 LIST OF MINERALS AND/OR SUBSURFACE -OWNERS Pollyanna F. llann Marital Trust and Frances Kelly Trust and Charlene Grove Trust c/o John S. Kemp, Trustee 11445 Riverdale -Road Northglienn, CO £0233 88®8' • AFFIDAVIT OF INT£itEST OWNERS _MINERALS AND/OR ISUBSURFACE Application -No. • Subject Property Mann, -Kelly, and Grove -Trusts Roggen, Colorado STATE OF COLORADO ) as. 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 subj-ect of the appli-cation as _their names appear upon the xacords in the Weld County Clerk and -Recorder'a Office, ur from an owner-ship update from a title or abstract company or an attorney. 7—..107-44C0 01 • • The foregoin -iinstrument vas subscribed and sworn to tefore me this la day of �J•-CQ , 1-9 . WITNESS my hand and 'official seal. My commission expires: 09-O9- l JIII!IU!li�n• Notary icubl j � ' i) , '4. n• .; r`' � VII) '#it 880979 • • NAMES OF OWNERS OF BROPERTY WITHIN $O0 BEET Please pri-nt ox type NAME ADDRESS, TOWN/CITY, ASSESSOR'S P-ARCEL ST-ATE AND ZIP CODE IDENTIFICATION I CERVI, Mike P. O. Box 169 13133-01-000-O17 Sterling, CO 80751 KEMP, John S. -Trustee 11610 Brighton Rd. 1303-01-DOD-01B Henderson, CO 83)640 STUCKEY'S, INC. P. O. Box 95 1303-01-000-119 Roggen, CO 80652 ELY, Don C. & lFaye I. P. O. Box 28 1303-3)1-0110-020 Roggen, CO S0652 NOVOTNY, Lary 35889 I-7b Access Road 1303-D1-000-021 Roggen, CO B0652 SARGENT, Wm. A. -Heirs o₹ c/o john Dent 1303-01-_000-1324 616 Denver Avenue Ft. Lupton, CO 80621 NORTHWEST LAND COMPANY 232 W. 13th Avenue 13-03-01-D0D-O11 Denver, CO 802D4 CHARLTON, Anne Laurie , B. O. Box 1058 1303-01-D00-013 Trustee -etal. and Greeley, _CO 10632 FIRST NATIONAL BANK OF GREELEY, Trustee COLORADO DIVISION OF HIGHWAYS 4201 E. Arkansas _Avenue1217-36-000-M04 -Denver, CO 8-O222 STATE OF COLORADO 1313 Sherman Street 1217-36-0O0-004 State Board of Land Commissioners Denver, CO 802-O3 CERVI, Dike P. O- Box 169 1101-06-1)0C-001 S terli.rg, CD 80751 8809'79 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Mann, Kelly, and Grove Trusts , Roggen, Colorado STATE DF 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 Identificationllumber assigned by the Weld County Assessor of the 'milersof prcperty (the surface estate) within five hundred (5O0) 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 Welt -County Clerk and Recorder. The list compiled from the records of the Meld County Assessor shall have been assembled within thirty (30) days of the application submission date. 7:10,772,4,0 77. +P. The fore oing instrument was subscribed and sworn to before me this 101 day of . 19 c� WITNESS my hand and official seal. My Commission expires: O`j_ Oc=1 _90 Nota r Pubes (ii < 880979 • MI N J. IA • cD • di-c • m a r U' r r CO in in . a 5 • 4 N .. hIkt 1n I CI- X 1- 0 1 % ~ pal n 3' x t x ••a O :_. FZ 011 • N H y -. .. .f ¢W x -•g O ` s0 A .w3m Ya4' O • • _ ..• .--0 LL C eZ • O Lu w I Z J Ill m s e3 d U 4 n �� ILI J W C.-1 AM U O_0 ,n WC2 W� P . ;. _ w ¢Lu 0 y U V Z • t�L( • W J = W4LJ J LLJ m e� O 4- N V)_CC X r CO aoo t- � CO Z LTA LL W 92 o N LLtJw 0 fI m ? Ii.." Z . �c y x0< ¢ J W CO :_ H W = �0 ¢ (7) >- n• -0+. w 1C1 N b� c wcr � o d Ptl� .cf• '�, y„ W LL z °iw 4 U_ N-••• y s'. w a u. ` 0 3- Ps n I Z O-a a. z AU 3 in .-• l -O 3pp `--.— 1...)Q ¢ e' c C < Cn _ CI WILD" H 4 i �- - o a 3 .t Act m z WLL?• ' wm C;1 cc i N� in ry e- • VI = z la v -4O . j i - c. V - r03n � i N -' -C9z .. _. F .. ' _ � 1 -= CC Y o N3 f.70 27 OW) = X = C1C1 VI . 1 W C 3 u G a { P y-.'� n�z W F a v)TJ co w f -- � -- N L -93-2 zm 1J1z CO.. 2 s} -w --• W' TI W • wt. w m>t ..I _ Y '.1 = I-.� Z G7 w -in el a Q P Z Ya' C .q _ u'V - 0-2 I -• u._C7 III=17 � S O - _ • 880979 . AR201LS74 • B 1076 RFC 02016574 07/10/85 15125 $6.00 1/D02 F 0841 -MARY ANN FEUERSTETN CLERK i RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED ( Estate) THIS DEED is aade#y John S. Kemp as Personal Representative of the Estate of Frank C. Mann,deceased. Grantor, to John S. Keep as trustee of the Pollyanna F. Mann Marital Trust, am to an undivided 41.2265 interest; to John S. Keep, as trustee of the Frances Kelley Trust, as to an undivided-29.387Z interest, and to John S. Kemp as trustee of the Charlene Groves Trust, as to an undivided 29.3872 interest, Grantees. All of these_trusts are created by the Will of Prank-C. Mann, described below. The address of John 8. Kemp is 11610 Brighton Road, Head Colorado 50640. WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated November 15. 1978, which Will was duly admitted to informal probate on December 29, 1983, by the District Court in and for the County of Adams, end State of Colo- rado, Probate No. 83-PR-382; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on December 29, 1983, and is now qualified and acting in said capacity. NOW,THEREFORE, pursuant to the powers-conferred upon Grantor by the Colorado Probate C-ode, Grantor does hereby-sell, convey, assign, transfer and set over unto Grantees, in the percentages described above, as the persons entitled to distribution of the property, the following described real property situate in the Countyof Weld. State of Colorado: See Schedule A attached. also/know as street end Dumber N/A With all appurtenances, free and clear of liens and encum- brances, except for all taxes and assessments due and payable subsequent to the date hereof,and subject to-reservations, rights of way, annum- brances and easements whether of record or of use. • REECUfED der- .1- ..V , 1984. • Jn Kamp,Personal Reprasas alive of the Estate of lrankx. Man, Deceased STATE OF COLORADO ) ) • a cowry Or / ~ /(The foregoing instrument eras acknowledged before se this _ 9 day of 6t yy(G r'-( . 1984, by John S. Keep as Personal Representative of thtEstats-of-Frank C. Mann, Deceased. WITNESS my hand and official seal. My Commission-expires: &- 7. i7�S-- It ter!%OZARY`t�,i c//.ZIIOCC 'Public ss4�/Ll.�.r/i4Gy u : men , Of 880979 B 1076 AEC 02016574 07/10/85 15:25 16.00 2/002 F 0842 MARY ANNFEUERSTEIN CLERK 6 RECORDER WELD CO, CO Schedule A Schedule A to dead of John S. Kemp as Personal teprepntative of the Estate of Frank C. Mann to John S. Keep as trustee: That part of the NEh Section 1, Township 3 North, Range 63 West of the 6th P.N., Meld County, Colorado, described as follows, Beginning at the intersection of the East line of said Nth (said East line bearing 1100°06'14)' with the -Northerly a.o as. line of Parcel No. 6 described in deed to the Department of Highways, State of Colorado, recorded in Book 1323 at Pages 404 and 405, Weld County _records; thence N67°44'14 along said Northerly 'I.O.W. line 112.3 -feet to the beginning of • curve to the left having a radius of 250.00 _feet, • central angle of 36013' and a long chord that-bears N85°50'30'W, 155 _feet, thence along the arc of said curve, 158.3 lest to the end of said curve;thence 576°03'14 Along said Northerly R.O.M. line • distance of 15.2 feet to the true point el beginning; thence NO2°03'B, 194.46 feet, thence 569°0512•••, 922.20 feet, thence B0od21'00•E, 319.34 feet more or less to a point on said Northerly R.O.M. line; thence along -said R.O.W. line as follows, slang a curve to the left having a • radius o3 904.20 Sees, a central angle of 33°031-03'And A long chord that nears -till 22'22'E, 514.3.3 islet, thence along the arc of •aid curve 522.16 feet to the And of said curve, thence N24°50'1., 443.-60 -feet to the L&sy nning of A curve to the -right having • radius of 250.0 feet, a central angle of 51°13' And • long chord that tears Ns0°26'30'x, 216.11 feet; thence along the arc -of said curve 223.48 feet to -the and of said ounce; thence N76°03'E, 156.60 feet to the true Boint of beginning containing 10.92 Acres more or less, portions of which are subject to 1 to Roggen 11-Pump-It and -toggen I-16 Motel And Cafe. That portion of the-*E1/4 of Section 1 Township 1 North, range 13 West of the Sixth Principal Meridian, more particularly described as follow: Beginning at the point of intersection of the east line of said NE1/4, raid east line bearing N00° 06'41, with the northerly line of parcel no. 3 described in deed to the 'Department of highways, _State -of Colorado, recorded in Book 1523 at Pages b04 and 405; thence N67°44'W along said northerly line, 54.3_feet to the true point of-beginning; thence continuing N67 a44 along said northerly A.O.W. line, 118.0 lest to a point of curve; thence on a curve to the left having-a radius of 25841 feat; a 'central angle of 36°13' and-;hose long chord bears N85°50'30"W, 155.4 feet, an arc _distance of 138.0 feet to a point of tangency; thence 776°03'w along said tangent and said northerly t.o.W. line, 24D feet; thence 1102°03'-E, 294.46 feet; thence 1176 03'E, 24.0 feet to a point of curve; _thence on a curve to the right having a radius 250.0 lest, a-central angle of 36°13' and whose long chord bears 585°50'30"E, 155.4 feet, an arc distance of 158.0 feet to a point of tangency; thence $67° 44'E along said tangent, 1113.0 feet; thence 302°03'W, 300.0 feet to-the true point of beginning and containing 2.009 acres, sore or less, situate 1a-Weld County,Colorado, subject to lease to Stuckey's, Inc. 880972 5. SOIL SURV#Y 49—Osgoodsand, 0 to3 percent slopes. This isa deep, Wildlife is an important secondary use»f this soil.The well-drained soil on-smooth plainsat elevations of-4,680 to cropland areas provide favorable habitat for ring-necked 4,900 feet. It formed in eolian sands. Included in mapping pheasant and mourning dove. Many nongame species can are small areas of soils that have ■ subsoil within 20 be attracted by establishing areas for nesting and escape ' inches-0f the surface. Also included are -small areas of cover. For pheasants, undisturbed nesting cover is essen- soils thatbave a loam and sandy clay loam subsoil. tial and should be included in plans for habitat develop- Typically the surface layer-0f this Osgood soil is gray- ment,especially in areas of intensive agriculture. Range- ish brown sand about 22 inches thick. The subsoil is land wildlife, for example, the pronghorn antelope, can be brown sandy loam about 12 inches thick.-The substratum attracted by developing livestock watering facilities, to a depth -0f 60 inches is pale brown loamy sand and managing livestock grazing, and reseeding where needed. sand. Few areas of this soil are in major growth and ur- Permeability _is moderately rapid. Available water banized centers. The chief limiting feature is the rapid capacity_is moderate. The effective rooting depth is 60 permeability in the substratum, which causes-a hazard of inches or more. Surface runoff is very slow, and the ero- ground -water contamination from -seepage. Potential for sion hazard is low. recreation is poor because of the sandy surface layer. -This soil is suited to limited cropping. Intensive Capability subclass IVe irrigated, VIe nonirrigated; Deep cropping is hazardous because of-erosion The cropping -Sand range site. system should be limited to such close grown_crops as al- falfa, wheat, and barley. This soil also is suited to ir- rigated pasture. A suitable cropping system is 8 -to 4 years-of alfalfa followed by 2 years-of_corn and small grain-and alfalfa seeded with a nurse crop. Closely spaced contour ditches or sprinklers -can fie used in irrigatingxlose grown crops. Contour furrows or Osgood series sprinklers should be used for-new-crops. Applications of nitrogen and phosphorus help in maintaining-good produo- The Osgood series consists of deep, well drained soils tion. that-formed in eolian sands. Osgood soils are on smooth The potential vegetation on this soil is dominated by j plains. Slopes are 0 to 3 percent Osgood soils are near the Valent and Vona soils. Valent sand bluestem, sand reedgrass, switchgrass, sideoats grama, needleandthread, little bluestem, and blue grams soils lack a-B horizon. Vona soils have an A horizon that -Potential-production ranges from 2,500 pounds per acre in less than 20 inches thick favorable years to 1,800 pounds in unfavorable years. As Typical pedon of Osgood sand, 0 to 3 percent slopes 1,400 feet east and 500 feet north of southwest corner range xondition deteriorates, the sand bluestem, switchgrass, sand reedgrass, sideoats grarna, and little sec 13,T.d N., R.63 W. bluestem decrease; forage production drops; and sand -A11-4-to 10 inches; grayish brown (10YR 5/2)sand,dark grayish sage increases. Undesirable -weeds and annuals invade brown (10YR 4/2) moist; single grained; loose; neutral;_gradual and "blowout" conditions can occur -as range -condition smooth boundary. -becomes-poorer. -Al2-10 to 22 inches;brown (10YR 5/3) sand, dark brown (10YR 4/3) Management of vegetation on this soil should be based moist;-smgle_grained;loose;neutral;clear-smooth boundary. -on faking half and leaving half of the total annual produc- -621t-22 to 23-wineak brown subangular block loam,dark brown ria le tion. Seeding is desirable if therange is in few' la medium o -of-socky structure;nehautral; friclear poor condition. -very thin clay films on faces-of-some peels; neutral; clear Sand bluestem, sand reedgrass, indiangrass,awitchgrass, smooth boundary. sideoats grama little bluestem, and blue grarna are suite- -B22t-28 to 34 inches;brown(10YR 5/3)sandy loam,dark brown(10YR ble for seeding. Because this soil is susceptible to soil 4/3) moist; weak coarse prismatic structure parting to moderate blo vin the -medium subangular blocky; hard,firm; very few thin clay films on g, grasses should be seeded with an interseeder faces of peas;neutral;clear wavy boundary. or drilled into -a firm, clean sorghum stubble. Seeding Clca-24 to 42 inches;-pale brown(10Ydt 6/3)loamy sand,brown(10YR early in spring has proven most successful. Brush _6/3)moist;massive;-slightly hard,very friable;some visible lime oc- management can also help to improve deteriorated range. taming in fine threads and soft masses; calcareous; moderately al- Windbreaks and environmental plantings are fairly well kaline;gradual wavy boundary suited to this soil. Blowing sand and low available water (242 to 60 inches; pale brown (10YR 6/3) sand, brown (10YR b/3) capacity are the principal hazards in establishing trees -moist;single pained;soft,loose;calcareous;moderately-alkaline. and shrubs. This soil is so loose that trees should be Thickness of the A horizon ranges from 21 to 30 inches.The A horizon planted in shallow furrows, and vegetation is needed firs hue_of 10YR or 1.5Y, value of 5 or 63ry and 4 or 5-hoist_and between the rows. Supplemental irrigation may be needed dooms of-2 or 3.The B2f.horizon is commonly sandy loam,but the clay to insure survival. Trees that are best suited and have -content of the BA horizon ranges-from 15 to 30 percent good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, and Siberian elm. The shrubs best suited are skunkbush sumac, lilac, and Siberian peashrub. p s80979 3 • t,;(,.: t.` - --- •; ; �h`43'!4,. "° ,�' 7o. %,c ' t11 N. adv.e/ r rte•: �rIs 6s 1 �•� �'}'+ .'rte 69 i �. �f • vie . . 1 e, t :' I' N 3E( - 4 l S'�4.r' �} mer LQr2JL v �{� N011 i. t�_ -7,6".';-:.;. it a l _� ---- 49 i .. Y69 Y .--.'t �• ;,'',4."!' -? Y.S--- L '\ a �: 69 • tS F • ss r . fir d • \s �'.., "- . ; a . -n4 �' it s .. `.: ,. .$4.-; �4 ::,c."4.- 9:.•.. - .-i ' - it, 444• i .'C' In, 7 •J r . IP - 4 S8®J7S 106 SOIL SURVEY TABLE 7.--SANITART FACILITIES--Continued I Soil name and I Septic tank Sewage lagoon I Trench Area 1 Daily cover map symbol I absorption I sanitary sanitary I for landfill I fields 1 landfill landfill I : I 1 I 43 :Severe: :Moderate: :Slight Slight :Fair: Nunn : perms slowly. : excess humus. I too clayey. 44, 45, 46, 47, 48--:Slight :Severe: :Slight Sltght Good. Olney , I seepage. : • 1 49 Slight eSevere: Severe: Severe: Fair: 1 Osgood E seepage. -seepage. seepage. too sandy. 50, 51, 52 :Slight Severe: Slight 'Slight Good. Otero I seepage. 53 Slight Severe: Slight Slight Good. Otero slope, , seepage. I 54 Slight Severe: Severe: :Severe: Good. Paoli -seepage. seepage. I seepage. 55 Slight- Severe: Severe: Severs: Good. Paoli seepage. seepage. seepage. I 56, 57 Severe: Severe: :Severe: Slight Fair: Renohill percs slowly, depth to rock. 1 depth to rock. too clayey, depth to rock. I I thin layer. 58, 59 Severe: Severe: :Severe: Slight Poor: Shingle depth to rock. depth to rock. : depth to rock. , thin layer. I I 60•: I i Shingle Severs: Severe: :Severe: :Slight- Poor: depth to rock, depth to rock. -depth to rock. I thin layer. Renohill Severe: Severe: Severe: Slight Fair: percs slowly, depth to rock. depth to rock. Soo clayey, depth to rock, thin layer. 61 Severe: Severe: Severe: Severe: Poor: Tassel depth to rock. depth to rock, depth to rock, seepage. thin layer, -seepage, seepage. I -area reclaim. -slope. , 6?, 63 Severe: Severe: ;Severe: Slight Fair: Terry depth to rock. depth So rock, depth to rack. thin layer, seepage. , , area reclaim. 64, 65 Severe: Severe: S (Slight :Fair: Thedalund depth to rock. depth to-rock. depth to rock. : I thin layer. : 66 Severe: Slight Moderate: :Slight :Poor: Ulm percs slowly. too clayey. . I too clayey. I 67 Severe: Moder-ste: Moderate: :Slight ;Poor: Jim percs slowly, slope. too clayey. . I too clayey. • 68•- Moderate: Severe: Severe: :Severe: . :Poor: Ustic Torriorthents slope. seepage, seepage, 1 seepage. 1 too Sandy, small stones. too sandy. : 1 small stones. 69, 70 Slight Severe: Severe: :Severe: :Poor: Valent seepage. too sandy, I seepage. 1 too -sandy. seepage. 71•: I Valent 'Sltght- Severe: Severs: :Severe: ,Poor: seepage. too sandy, I seepage. I too sandy. seepage. I See footnote at end of table. 850979 5 • WELD COUNTY, COLORADO, SOUTHERN PART 113 TABLE 9.--MATER MANAGEMENT--Continued Soil name and Pond Embankments, Drainage Irrigation Terraces Grassed map symbol reservoir dikes, and and waterways areas levees diversions 40 Favorable ;Compressible, Peres-slowly, Peres slowly, Peres slowly--- Favorable. Nunn -shrink-swell, slope. slope. hard to pack. , : 41 Favorable Compressible, Peres slowly--- Peres slowly---;Peres slowly---;Favorable. Nunn shrink dwell, hard to pack. 42 Favorable Compressible, . Peres slowly, ,Peres slowly, Peres slowly---:Favorable. Nunn ; shrink-swell, slope. I slope.. hard to pack. , 43 Favorable , Peres Compressible, slowl Nunnshrink-swell, D y---I-Peres slowly--- Peres slowly---;Favora63e. shr Ink-swel 1, ; hard to pack. : : : 44 Seepage, Piping, Slope Soil blowing, Erodes easily, .:Erodes easily. Olney slope, low strength. droughty. ipipin g• 45 Seepage, Piping, :Slope Soil blowing, Erodes easily, Erodes easily. Olney • slope. low strength. : droughty, piping. slope. 46 Seepage, ;Piping, :Favorable Favorable Erodes easily, Erodes easily. Olney slope, I low strength. : piping. : 47, 48 Seepage, :Piping, - ;Slope- Slope, Erodes easily, -Erodes easily. Olney slope. : low strength. : erodes easily, piping. t I49 Seepage PS ping Favorable -g Soil blowing--- Too sandy, :Erodes easily. ` Osgood 4piping. 50 :Seepage Piping, Favorable Droughty Erodes easily, :Erodes easily. Otero : - seepage. piping. 51 , 52, 53 :Seepage, Piping, Slope Slope, Erodes easily, :Erodes easily. Otero slope. seepage. erodes easily, piping. : droughty. 54 :Seepage Piping, :Favorable Favorable Piping :Favorable. Paoli low-strength. : ; 55 Seepage Piping, :Slope Slope Piping :Favorable. Paoli low-strength. : : 56 Depth to-rock Low strength, Depth to rock, Rooting depth, Depth to rock, :Rooting depth, Renohill thin layer, perms slowly. slow intake. percs-slowly. : -peres slowly. compressible. 57 Slope, Low strength, Slope, :Slope, • Depth to rock, :Rooting -depth, Renohill depth to rock. thin layer, depth to rock,: rooting depth, peres slowly. percs slowly. compressible. percs slowly. : slow intake. 58, 59 Slope, Low strength, Depth to rock, :Slope, Depth to rock Rooting depth. Shingle depth to rock. thin layer. slope. : rooting depth. 600• Shingle Slope, Low strength, Depth to rock, Slope, Depth to rock Rooting depth. depth to rock, thin layer. slope. rooting depth. Renohill Slope, Low strength, 'Slope, - Slope, Depth to rock, Rooting depth, depth to rock. thin layer, depth to rock, -rooting-septh, percs slowly. peres slowly. compressible. percs slowly. -slow intake. 61 Depth to rock, Erodes-easily, rNot needed Droughty, Depth to rock, Rooting depth, Tassel slope, thin layer. rooting-depth. erodes easily. erodes-easily. 62 Depth So rock, ,Piping, :Slope, Slope, Depth to rock, Rooting depth, Terry seepage. : thin layer. : rooting depth, rooting-depth, piping, soil blowing. ' 1 soil blowing. soil blowing. See footnote at end of table. 6 880279 • 102 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT--Continued Soil name and Shallow : Dwellings Dwellings : Small Local roads map symbol excavations : without with ; commercial and streets basements basements I buildings : • 4 Slight :Slight Slight ;Slight Moderate: Olney I : low strength. 45 Slight Slight Slight }Moderate: Moderate: Olney : slope. low strength. • -46, 47 Slight Slight Slight ;Slight Moderate: Olney , ; low strength. ; : 48 Slight ;Slight , Slight ;Moderate: Moderate: Olney : ; slope. law strength. / I 49 Severe: Slight- Slight ;Slight Slight. - Osgood cutbanks wave. 50, 51 ;Slight 1Slight.- Slight ;Slight Slight. Otero ; I ; 52, 53 ;Slight ;Slight Slight ;Moderate: Slight. Otero ; ; ; slope. ; ; : 54 ;Slight Severe: Severe: :Severe: Moderate: Paoli floods. floods. I floods. low strength, frost action. 55 Slight Slight Slight ;Slight Moderate: Paoli I low strength, : frost action. 56 Moderate: Moderate: Moderate: ;Moderate: Severe: Renohill depth to rock, low strength, low strength, ; low strength, low strength, , too clayey. -shrink-swell. depth to rock, ; shrink-swell. shrink-swell. shrink swell. : 57 EModerate: Moderate: Moderate: ;-Moderate: Severe: Renohill I depth to rock, low strength, low strength, ; slope, low strength, ; too clayey. shrink-swell. depth to rock, low strength, Shrink-swell. shrink-swell. shrink-swell. : 58, 59 :Severe: :Severe: Severe: Severe: Severe: Shingle ; -depth to-rock. : depth to rock. depth to rock. depth to rock. -depth to rock. ; : 604: ; Shingle Severe: ;Severe: Severe: Severe: Severe: depth to rock. : depth to rock. depth to rock. depth to rock. depth to rock. Renohill Moderate: 'Moderate: Moderate: Moderate: Severe: depth to rock, low strength, low strength, slope, low stray th, too clayey. shrink-swell. depth to rock, low-strength, shrink-swell. shrink-swell. shrink swell. 61 ,Moderate: Moderate: Moderate: Severe: Moderate: Tassel ; depth to rock. depth to rock. depth to rock. slope. depth to rock. 62 ;Severe: Mocerate: Severs: Moderate: Moderate: Terry ; depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. 63 ;Severe: Moderate: revere: Moderate: Moderate: Terry ; depth to rock. depth to rock. depth to rock. depth to rock, depth to rock. slope. 64 ;Moderate: Moderate: Moderate: -Moderate: -Moderate: Thedalund ; depth to rock. low strength, depth to rock. low strength. low strength. 65 ;Moderate: Moderate: Moderate: Moderate: Moderate: Thedalund ; depth to rock. low strength. depth to rock. low strength, low strength. ; slope. See footnote at end of table. p /y 8809'79 7 r � • w w TUTTLE APPLEGATE RINDAHL, INC. Consultants-for Land and Resource Development March 31, 1988 Mr. Wes Potter Weld County Health Department 1! 16 -Hospital Road Greeley, CO ' 606362 RE: I-76 Business Park; -Roggen, Colorado Dear Wes: This letter -provides my findings of the field investigation conducted March 17, 1988. The septic system was examined and appears to be constructed in accordance to -Weld County Individual Sewage Disposal System Regulations. 3lnly one absorption trench was found and measured thirty-three feet (33' ) long and two feet (2t ) wide. The absorption trench -contained clean -washed aggregate. Based on my findings in the field, the existing I505 appears to be large enough to maintain treatment to the U-Pump-It Station. The system Ins teen in existence -for a number of years without a history of failure. Please feel free to contact me if you have any -questions concerning this matter. Sincerely, TUTTLE APPLEGATE RINDAHL, INC. `•,�0��+1REG/'Sj \\\ �� e.Y Y.Ye erseept4So 41-e_ 0 �'iY$61.GG e• zCJi� C +r..' .� Thomas Cope, P.E. -d: 2` atS :A7 TC/cr 'o ^`•., •`�` cc: File 687-132 '�S^ e•`r �c p�Y eaw C• •'� Jack Kemp ",i"ei:11.!'; 'C': ." 880979 • DOCUMENT: STATEMENT OF EXISTING DISKETTE: EPS2B STATEMENT OF EXISTING SEPTIC SYSTEM (Fill out in ink) OWNER OF RECORD: . 1O14/..1 S. 4(EMP TRUSTEE MAILING ADDRESS: //Ile- VE,QD,4 Rom n+aQneen'es✓�C.o PHONE: 41cZ-SZSe SITE ADDRESS: SS$gq X.+rEWsTAn 74 - FRo ;rot 6E Ro4D — EX : T `t6 LEGAL DESCRIPTION: 'P1 /4/E 7i P2 SEAL Sec / TWNSP Z nr RNG 4 3 W Subdivision: i4 Lot: — Block: — Filing: Bedrooms // Bathrooms 2- Water Supply WELL Use type 645 ST4T,Oa Lot Size O . IS Acres SYSTEM SIZE: Tank is constructed of CCa4CiZETE and has 1000 gals capacity (material) ABSORPTION BED: et, Sq. 1+t. total Date System Installed '4P5/L /?71— ion are required to draw a diagram of the system on the -reverse side of this form and Indicate position, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system Is in fact installed, as described, and exists at this time on the parcel of ground Identified by the above description, and further -states that the system is in good -working order and to the best of his/her knowledge is not falling to function properly. I further understand that any falsification or misrepresentation may result In revocation of any permit granted based upon this information hereby submitted and In legal action for prejury as provided by law. '7 •1 17- Date Owner jh Subscribed and sworn to before me this ~f day of`Th\ ti , 192.11 by Witness my hand and official seal. My comet 7pires Date Notary P is it) , ; 8$09'79 t rk AREA = O. 95 ALRFS 53'x Z AasoRPTIo ' -FIELD w/GRAva Pat K -Co-JCR-ere re 6� 5e r'c "rAtiK r4 4° N �� L7 '^ ' g / 11-= .501 880979 Xoa6£A/ 43usis/EaS 1Pik< #87— /3L 3// 7/vs O - ?Lim e - / T STATION . 3 S A = REq'D LEACM AREA. 00. Q = EST/FIAT-EIS FLoa,4, LESS 72A4 NE S/A/gLE FAMILY tvJELLs&G HnEvER ()se S/Al&.a 'Am,LY "Dwez_ca1& = 7SGPa a T = PER cot4T/D.1 R74TE = 43 /a/NR Vlt c : SEE So iL ATTAc M ENTS AReq = 75- ( _ asD . ITT 3. 5 AAcTUAL = e33l )(Zt) _ 6& . o FTZ > ' REQ g ; cSAi. 51 MNAL minuthilmo 880979 AriMan emnin Ore nom Inn ins TUTTLE APPLEGATE RINDAHL, INC. Consultants fot Land and Resource Development April 8, 1988 Mr. Wally Jacobson Colorado Departments of Highways P. 0. Box 85 Greeley, CO 80632-0850 RE: Roggen Access Waiver Request Dear Mr. Jacobson: This letter is a follow-up to our telephone conversation held April 4, 1988. As stated in that conversation, we are requesting a variance to the Access Code along the Interstate 76 north frontage road at Roggen. Through a referral to Weld County you have requested that the U-Pump-It service station and Stuckeys abandon one of the two existing accesses to their businesses. This letter is to request a variance of the Recess Code at this location. The proposed -minor subdivision presently has one owner, the estate of Frank Mann (deceased) . The Trustee _oT the estate has requested our assistance in obtaining a minor subdivision dividing the existing one parcel into four lots. Originally when Frank Mann Leased the tract of land at the I-76 Motel there was an option for the Motel to purchase the land on which it was built. That option has come due and the ,owner of the Motel has chosen to exercise that _option. The minor subdivision procedure is the only process that will allow four lots of such size to be subdivided, therefore, allowing the option to be exercised. The lots discussed in this minor subdivision are presently at the end of the paved frontage road along Interstate 76. Recently, the speed limit along this section of road has been reduced to 35 mph which allows an access to be located every 250 Teet, in accordance to the Access Code. I assume that all the accesses to Interstate 76 frontage road =were discussed with the Hi-ghway Department when the commercial businesses were first -established in this area. 8809'79 Vilna re TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development Mr. Wally Jacobson Colorado Department of Highways April 8, ISS Page c Due to the angled configuration of the pumps at the U-Pump-It station, the commercial lot requires a defined entrance from the east and a defined exit to the west. There is no economical feasible way to alter the configuration of the pumps to provide use of only one access. Therefore, we are requesting this variance to the Access Code to insure no economic, injury will occur to existing businesses. A variance to the Access Code is -also being requested for Stuckeys. The access the Highway Department -has requested to be abandoned is the western most access, which is the accessused most often. Although these accesses do not meet the present Access Code, the accesses -have been in existence since 1967 at which time the Highway. Department would have required a different spacing if a threat to public healthwas present. These accesses have not caused a treater incident of accidents than an averane frontage road access intersection. Therefore, we are requesting these accesses remain as they presently exist. Since the intent of the Access Code As to provide a means of safe ingress and egress to -any Federal or State controlled highway, allowing the variance at the U-Pump-It service station and Stuckeys will not endanger the general public or cause any safety hazards. To allow the continued success of these commercial lots it is essential that both accesses remain as originally designed -and assumed approved by the Colorado Department of Highways. It is also our hope that upon review of this situation, the Department of Highways will see that both accesses not only can remain as presently exists but also will not require any additional access permits. Please feel free to contact me if you have any questions concerning this matter. The minor subdivision i-s presently being submitted to Weld County for their approval, therefore, we hope you will act on this matter in a timely manner. Sincerely, TUTTLE APPLEGATE AMDAHL, INC. tell/004de Thomas Cope, P.E. cc 88® 79 cc: 9 File RB7-13c Jack Kemp Hello