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ARd147504 RESOLUTION MO 0 RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (C-3 , OV COMMERCIAL USES AND EXISTING OIL AND GAS PRODUCTION q FACILITIES) FOR FUTURA HORSE VILLAGE a o WHEREAS, the Board of Ccunty Commissioners of Weld County, o a Colorado, pursuant to Colorado statute and the Weld County Home '" w• Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and v WHEREAS, a public hearing was held on the 27th day of April, co a 1988 , at 2 : 00 p.m. for the purpose of hearing the application of o ° Futura Horse Village, c/o Turner Realty, 425 Coffman Street, o • Longmont, Colorado 80501 , requesting a Change of Zone from A • (Agricultural) to PUD (C-3 , Commercial uses and existing oil and m v gas production facilities) for a parcel of land located on the following described real estate, to-wit: .-1 H F Part of the N} of the NEI of Section 3 , o z Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado a inw WHEREAS, the applicant was represented by Arnold Turner, of z Turner Realty, and Cz Nµ' o WHEREAS, Section 28 . 8 of the Weld County Zoning Ordinance rig provides standards for review of such a Change of Zone, and N WHEREAS, the Board of County Commissioners heard all the m o CO testimony and statements of those present, has studied the request H o of the applicant and the recommendations of the Weld County P:1 w 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 .5 et seq. , of the Weld County Zoning Ordinance. 2 . The request is in conformance with Section 28 . 8 of the Weld County Zoning Ordinance as follows: a. The proposed PUD District is located within an I-25 mixed-use development activity center. The uses associated with the proposed PUD District are consistent with the uses described in the I-25 MUD area and activity centers section of the Comprehensive Plan. ! , 880304 ■II■ f �f I I T Page 2 RE: COZ - FUTURA HORSE VILLAGE en O o U b. The uses allowed in the proposed PUD District will o conform with the performance standards contained in N U Section 35 .3 of the Weld County Zoning Ordinance. o c. The Left Hand Water Supply Company will provide 0 3 water service to the proposed PUD District. Septic o x systems will provide sewer service to the proposed yr ww PUD District. O d. Colorado Highway 52 and the West I-25 Frontage Road awill provide adequate access to the proposed PUD District. .. w o e. The subject property is located in a low subsidence geological hazard area which may affect development m u on the site. Geology related constraints to development will be addressed as a PUD Plan H application requirement. CD CO f. The subject site does not contain any known commercial mineral deposits. oa o NOW, THEREFORE, BE IT RESOLVED by the Board of County .v z Commissioners of Weld County, Colorado, that the application of N Z Future Horse Village for a Change of Zone from A (Agricultural) to o PUD (C-3 , Commercial uses and existing oil and gas production u z facilities) on the above referenced parcel of land be, and hereby fa is, granted subject to the following conditions: N CO 1 . The following notes shall be placed on the PUD District N N plat prior to recording: rl O M4 a. The street within the PUD District is private and shall be maintained by the PUD District property owners . Future access to the private street shall be granted to subsequent off-site developers using the formula provided in Section 11-2 of the Weld County Subdivision Regulations. b. A site plan review is required in accordance with Section 33 . 4 .5 of the Weld County Zoning Ordinance. c. Septic systems shall be used for sanitary effluent flow only. No industrial or commercial flow to septic disposal systems shall be allowed. All septic systems shall be approved by the Weld County Health Protection Services prior to approval of a site plan review. 880304 _aTT_Di 71 1 M D o U Page 3 o n RE: COZ - FUTURA HORSE VILLAGE U al o w d. The requirements of the Longmont Fire Protection O 3 District shall be met. o % `n- q 2 . The PUD District plat shall be revised to show the 0 following: 0 w w rx a. Amoco' s existing oil and gas production facilities. N rn b. Amoco' s access easement to the two existing oil and w gas production facilities . w co a co u c. The Panhandle Eastern Pipe Line Company and Amoco' s D-DZ pipelines and easements. rI H N F The above and foregoing Resolution was, on motion duly made w and seconded, adopted by the following vote on the 27th day of d w April, A.D. , 1988 . t- w 7' BOARD OF COUNTY COMMISSIONERS r w s �� '� 1 e,,,, ,), 3 ATTEST: WE COUNTY, COLORADO N4 0 yl Weld Colup . . k and Recorder SKY if 4k,L✓ x V and Cl1 -Board Gene R. Bran ner, Chairman t �/ N 111 (1�.> ,-'4f / to 4C NCCO N • 0/k'�vG�1C, -u—i-.aJ C.W. Kirby, -Tem rlo eputy County lerkoa 44 APPROVED AS TO FORM: Ja qu-' n= 4 .o i F Ya G r�•' '! - oun y Attorney 777. c ¢r✓ ID, ' Frank Yamaguchi 880304 ME 1 DI_ I 11T f 3161 Johnson Lane r MAY 1988 f �� Erie, Co. 80516 Cazi4, 'k ccx,,a. May 1, 1988 Meld County Commissioners Weld County Centennial Center 915 Tenth St. Greeley, Co. 80632 Re: Futura Horse Village Partnership This is to advise you that the first time we in the neighborhood had heard of the above, was when it was noted in the Longmont Times Call on April 30th. Then it advises that it was approved. I was under the understanding that owners in the vicinity would be noti- fied by mail of such a change in the area. It is unfair for you who do not live out here, nor are familiar with the area to approve same with- out representation by the surrounding residents. We do not want this in the area, We have the garbage dumps and no protection from speeders, which we have quite a few on rd.7. ..and of course flies. I would appreciate hearing from you on this matter immediately. incerely, fj��� li/'GIGd 9� !q ii -_-- um mil II I-i Ill HEARING CERTIFICATION DOCKET NO. 88-12 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD (C-3, COMMERCIAL USES AND EXISTING OIL AND GAS PRODUCTION FACILITIES) - FUTURA HORSE VILLAGE A public hearing was conducted on April 27, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated March 21, 1988, and duly published March 24, 1988, in the Johnstown Breeze, a public hearing was conducted to consider the request of Futura Horse Village for a Change of Zone from A (Agricultural) to PUD (C-3, Commercial uses and existing oil and gas production facilities) . Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Arnold Turner, of Turner Realty, came forward to represent the applicant and answer questions of the Board. No public comment was made concerning this request. Commissioner Lacy moved to approve the request of Futura Horse Village for a Change of Zone, subject to the Conditions as recommended by the Planning Commission. Seconded by Commissioner Yamaguchi, the motion carried unanimously. This Certification was approved on the 2nd day of May, 1988. APPROVED: �,,/ /n/� t�// �� BOARD OF COUNTY COMMISSIONERS ATTEST: f^ 7 l2 lq/td41 ,.� WEL LINTY, COLORADO Weld County, CtI//�erk and Recorder /7/ and Clerk to the Boa Gene R. Brantner, Chairman Wit// ./l Deputy County C rk C.W. Kirby, Pro-7 m Ja.quel ' - Jo G. ,o.",...� acy l Frank 'amaguchi TAPE #88-20 DOCKET #88-12 PL0424 !Ci 880304 IIP0trill 17 nu u' Ili A T T E N D A N C E _t E C O R D -PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: April 27, 1988 DOCKET # 88-14 Service Plan, Briggsdale Fire Protection District DOCKET # 88-15 USR-Livestock Confinement Operation (310,000 pullet) Grand Mesa Eggs, Inc. DOCKET # 88-12 COZ, A to PUD, Futura Horse Village NAME ADDRESS HEAPING ATTENDING r ' /G///�JoI4I y�i, L% �Fr //� � !1%OG3� CO" , nihdi1 Pit rC Pt 11 O t „ O ( /U.uor. P, � RO C aiR fi/ V / P h "/ ` 'e/ Un .33/ *, g co- (Gcs r s17"tee 1 Ca."5 - ?JO. Wald genial dint, '-14 NO TZ C E Pursuant to the izoning 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 per-sons 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 certified 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. APPLICANT DOCKET NO. 88-12 _Future Horse Village c/o Turner Realty 425 Coffman Street Longmont, -Colorado 80501 DATE: April 27, 1988 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to PUD (C-3, Commercial uses and existing oil and gas production facilities) LEGAL DESCRIPTION: Part of the Ni of the NEJ of Section 3, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Colorado Highway 52; west of and adjacent to West I-25 Frontage Road 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: March 21 , 1988 PUBLISHED: March 24, 1988, in the Johnstown Breeze ) ( g X/1/BST 8C�'2 tEI Ti ft AFFIDAVITOF PUBLICATION ■ THE JOHNSTOWNtREtZE STATE OF COLORADO 1 1 SS COUNTY OF WELD 1 wor I, Clyde-Briggs, do solemnly swear that I • -Pursuant to the 1: Am publisher of The Johnstown Breeze; the State-of CO ng laws of Weld Count 3orgh and the that the same is a weekly newspaper Y O�dinanca;- a public hearing eheld in printed, in whole or in part, and published the Ohembera DE . nrat County_Commisalil" BoardWeld in the County-of Weld, State of Colorado, Center Col Lento Id_Count centennial _Cemr, 91s 10th and has ageneral-circulation therein; that street Fist Flop Greeley, said newspaper has been published Col Cr, nt, wel5 c center- continuously and uninterruptedly in said alai Center,815 loth' reef First County of Weld for a period of more than Floo rCreelinterested in�'��Aa follow- fifty-two consecutive weeks prior to the Ing Proposed _Chan of of zone first publication of the annexed legal notice are requested tot aftedd and may or advertisement; that said newspaper has be heard. .. -Should the court r or any been admitted to the United States mails as interested party deaire the second-class matter under the provisions of presence of a spurt reporter to the Act of March :l, 1879, or any make a recortl of the Proceed- ings, in addition tot the taped amendments thereof, sod that said ha e which ne be kept during newspaper is a weekly newspaper duly 'Boards list a can be contacted qualified for publishing legal notices and for a list of certified court reporters di the area ie a court advertisements within the meaning of the reverter is ritainetl, tilt Clerk to _advertisements of the s of Colorado.ame the Bo diw Ogice shall be advised t in writing of ouch action - That the annexed legal notice or advertise- court least five days prior to.the nearing. The cost of-eengaging a ment was published In the reb'ular and court reporter shall be borne oy snore issue-of every number of said weekly the requesting party . BE IT ALSO KNOWN that the Newspaper for the period of -consecu- textandmapssocertifletlbythe live insertions; and that the first Weld ay nbe exami ea in "the publication of said notice was in the issue of Co�n of the Clerkto the-Board of said newspaper datt•d.fUt" A.U. tS,�n1,y County Commissioners;-.located tennial and that the last publication of said notice cede,Weld 1 100thtStrreet, Third was in the issue of s id newspaper dated Floor, Greeley, Colorado. "1111. , A.D. 19..`r' DOCKET NO. 88-12 • In witness whereof I have hereunto set APPLICANT y a7' Fytura Horse Village my hand this .... L... day of •4�t _c/o Turner Re -425 Coffman St Street A.D. 19t Longmont CDlorado-.80501 DATE: April 27, 1988 TIME: 2:00 P.M. 1 - i j7 Zj -. REQUEST: Change of Zone from Publisher A (Agricultural) to (C-3, e Commercial uses and existing oil nd gas production facilities) , LEGAL DESCRIPTION Part of Subscribed and sworn to before me, a the nsh of the NE, of Section 3, Notary Public in and for the County of Township 1 North' Range 68 West County, f l r oth P.M,- weld Weld, State of Colorad�oy this .-..7.l.... day of • LOCATI Colorado .4j.ar A.D. 19 .41... LOCATION: South Of and ad- West to Colorado Hi M� aytt 52;west of and adjacent to W9 at I- / / 1aj?,e-GG• 25 Frontage Road f'�d( PP BOARD OF COUNTY Notary Public COMMISSt RS WELD C COL�r�,�y, ci BY: MAI1;' ',� My commission expires -FsuCOUNTY CLEF • RECORDER AND . TO THE .. 33Y: Mary Reiff, Deputy DATED: March 21, 1988 e PUBLISHED: March 2q, 19ea, in the Johnstown Breeze • • 88Cler • Ill ni. AFFIDAVIT OFPUBLICA LIONtocufr State of Colorado County of33oulder NOTICE • Pursuant 10 the zoning laws of the State of Colo- rado and the Weld County Zoning Ordinance, a I, J. R. Hofmann public hearing will be held in the Chambers of the ,do Board of County Commissioners of Weld County, Colorado, Weld County Mentennial Center, 915 10thsolemnly swear that the LONGMONT DAILY TIMES CALL is a time 1specified.sAlt ll Flood, in-any Greeley,-Colorado, inter- estedt daily-newspaper printed, in whole or in In the following proposed Change of Zone part, and-published in are requested to attend and may be heard. Shothe City of Longmont, County of Boulder, State of Colorado, and sreuthe presld the enceaof a cournt or t I reporter to make a which-has general circulation therein and in parts of Boulder and record of the proceedings,In ngit eetretaphe record the hwar 'bes Kept during the contacted for a Weld Counties; that said newspaper has been continuously and list of certifiBoard's d cour°eportersffice can binc the aarea. f a uninterruptedly court reporter is obtained, the Clerk to the p y-published for a-period of more than six months Board's Office shall be advised in writing of such next prior to the first publication of the annexed legal notices of action attt least fivedays da prior wt o to the hearing.-The eo ne advertisement, that said newspaper has been-admitted to the by the ALSOSKNOting WN that the text and maps so PlanningUnited States mails as second-class matter under the provisions certsonified may be examined the Weld o the office of the case kilo' d in of the Act of March 3, 1879, or any amendments thereof,-and that the Board l of my iCentenn alslCenter,oners, l 915810th said newspaper is a doll y newspaper duly Street,Third Floor,Greeley,Colorado. qualified for APPLICANT publishing legal notices and advertisements within the meaning DOCKET NO.88 12 ₹uc/oaTHorseurner4lelaige ty of the laws of the State of Colorado;that a co -425 Coffman Street py of each number of _Longmnt,Colorado 80501 DATE: 27, said newspaper, in which said notice of advertisement was T ME:1:OOi P.M.1988 published, was transmitted by mail or carrier to each of the REQUEST: an toePof Zone fom A (A UD (C-3,r Commercial uses subscribers of said -newspaper, according to the accustomed facilities)isting oil and gas production mode of business in this office. LEGAL DESCRIPTION: Part of the N'/2 of the NE4 of Section 3, Township 1 North, Range se west of the 6th-P.M.,That the annexed legal notice or advertisement was_published Weld County,Colorado LOCATION: South of and adjacent to Colorado Hin the regular and entire edition of said daily newspaper once; to West 52; west of and adjacent to West 1-25 Frontage Road BOARD OF COUNTYYOMMISSIONERS and that one YA OO publication of said notice was in the issue of said BY:WELD MARY ANNNTY;COL FEUERSTEIRADN YOUNTY CLERK AND RECORDER newspaper dated April 1-5 -AND CLERK TO THE BOARD 19 88, tY: Mary Reiff,Deputy DATED:March 21,1988 •Wublilhed in the Daily Times-Call, Longmont, Colo.-April 15,1988 • S�Cr eral Manager Subscribed and sworn to before me this 15th dayaf -April 19 88 Notary Public `ANA . •R oA co—cak My Commission Expires December, 16 1989 FEES 27.50 350 Terry Street niaBixc o Longmont of , Colorado 80501 88C ,n TT 117,111 Tri-Area Planning Commission P. O. Box 3-63 Frederick, CO -80531) March 15 , 1988 Mr. Rod Allison Principal Planner Department of Planning 915 10th Street Greeley, CO 8-0631 Dcar .S1r. Allison: Per my telephone conversation with Lanell Swanson on March 2 , 1988 . I mentioned the Tri-Area Planning (TAPC) held their regular meeting on _March 1 . Application from Henry Braly for a change of zone from -A (Agricultural) to P.U.-D . (C-3 Commercial Uses) was heard. There was 'great concern as to what the _property would look like once all 16 lots are sold and who would reinforce the property covenants . Also there was concern as to what impact there would be with the additional traffic at the intersection of 1-25 and Highway 52 . Tentative approval was given with the stipulation that the TAPC would be givent the opportunity to see the final platt and a copy of the covenants for the 16 lots before going to the County Commissioners for final approval . This would 'give us the opportunity for our input should any changes need to be made in order for us to be comfortable with our decision. should you have any question, please don ' t hesitate to call . Sincerely, (1)/1' Al 45-4A Rebecca E. Marker Secretary f L r V Tri-Area Planning Commission MAR 18 1988 inn �ieYrt 4u. Nifigik ,aawir?a� A4H,Fi7F 1 1'111 DATE: March 21 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If If you have no objections , we have tentatively set the following hearing for the 27th -day of April, 1988 , at 2 :D0 -P.M. Docket No. 88-12 - COZ , A (Agricultural) to PUD (C-3 , Commercial uses and existing ail and :gas production facilities) OFFICE OF THE OL£ SO 7THE BOARD BY: �/ls W Deputy The above mentioned hearing date and hearing time may be -scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WSW COUNTY, COLOi ,DDO G� Cyf2.�/ / r 11111 SUMMARY OF TEE WELD COUNTY PLANNING COMMISSION MEETING March 16, 1988 A regular meeting of the Weld County Planning Commission was held on March 16, 1988, in the County Commissioners' Hearing Room, First Floor (4101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ann Garrison, at 1 :30 p.m. Tape 310 - Side 1 ROLL CALL Ernie Ross Present Bud Iialldorson Present Louis Rademacher Present Jerry I urnett Present Paulette Weaver Present LeAnn Reid Absent - Called in Ivan Gosnell Present Lynn Brown Absent - Called in Ann Garrison Present Also present: Rod Allison, Principal Planner, Lee Morrison, Assist-ant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the lass regular -meeting of the Planning Commission held on March 1, 1988, was approved as distributed. CASE NUMBER: Z-442 APPLICANT: Sutura Horse Village REQUEST: A Change of Zone from A (Agricultural) to PUD (C-3, Commercial uses) LEGAL DESCRIPTION: Part of the Ni of she NE} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: South of and adjacent to Colorado State Highway 52; west and adjacent to West I-25 Frontage Road. APPEARANCE: Arnold Turner, Turner Realty, represented she applicant and gave a brief overview of the proposal. They feel the type of customer locating in this development will be similar to Frontier Materials. The Chairman called for discussion from the -members of the audience. Sharon Prater, Panhandle Eastern Pipe Line -Company, reported they have received a letter of agreement from Mr. Turner, and they have no objections to this proposal as long as the applicant agrees to protect the pipeline. /1 �� A x.H/B.r L :..'.. -A 111111 Summary of the Weld County Planning Commission Meeting Larch 15, 1588 Page 2 The Chairman nsked the applicant if they had reviewed the recommendations and conditions as outlined by the Department of Planning Services ' staff, and if they had any objections to anything as stated? Mr. Turner stated these have been reviewed and they do not object to them. The Chairman asked that the recommendation and conditions set forth by the Department of Planning Services' staff be filed with the summary as a permanent record of this hearing. MOTION: Ernie Ross moved Case Number 1-442 for Futura Horse Village for a Change of Zone from agricultural to Planned Unit Development C-3 uses be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions set forth by the Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. Motion seconds, by Ivan Gosnell. 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. Ernie Ross - yes; Bud Haildorson - yes; Jerry Burnett - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - No, as she has stated before, she does not believe this application meets the requirements of the Comprehensive Plan because she does not -believe the proposed activities require immediate interstate access nor do they require high visibility from the access. She also is not inclined to approve such uses where they would be required to use septic systems rather than a sewage treatment. Ann Garrison - yes. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: S-291 APPLICANT: Don and Carolyn Brazelton REQUEST: Minor Subdivision LEGAL DESCRIPTION: Part of the NEk of Section 32, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles northeast of the City of Greeley, south of Weld County Road 64, and east of U.S. Highway 85. APPEARANCE: -Don Brazelton, property owner and applicant . This is a 13 acre tract which they intend to divide into 6 lots of 2 acres, more or less, apiece . They have read the recommendations and conditions set forth by the Department of Planning Services' staff and have no objections. The Board of Adjustment granted a variance from the public sewer requirement for this minor subdivision. Estate zoning was approved in 1962, and later changed to R-1 (Low density Residential) in 1981 . l` Iil BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross that the following resolution t9 Ske introduced for passage by the Weld County Planning Commission. B ?`'f Resolterrellin Weld County Planning Commission that the application for Q T777 CASE NUMBER: Z-442 MAR 1 71988 NAME: Futura Horse Village %/; ySq.,y, GREELEY. COLO. ADDRESS: c/o Turner Realty, 425 Coffman Street, Longmont, CO 80501 REQUEST: A Change of Zone from A (Agricultural) to PUD (C-3, Commercial uses and existing oil and gas production facilities) LEGAL DESCRIPTION: Part of the Ni of the NE} of Section 3, TIN, R68W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to Colorado Highway 52; west of and adjacent to West I-25 Frontage Road be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 28.5 of the Weld County Zoning Ordinance. 2. The rezoning request in in conformance with Section 28.7 of the Weld County Zoning Ordinance as follows: - The proposed PUD District is located within an I-25 mixed—use development activity center. The uses associated with the proposed PUD District are consistent with the uses described in the I-25 MUD area and activity centers section of the Comprehensive Plan. - The uses allowed in the proposed PUD District will conform with the performance standards contained in Section 35.3 of the Weld County Zoning Ordinance. - The Left Hand Water Supply Company will provide water service to the proposed PUD District. Septic systems will provide sewer service to the proposed PUD District. - Colorado Highway 52 and the West I-25 Frontage Road will provide adequate access to the proposed PUD District. - The subject property is located in a low subsidence geological hazard area which may affect development on the site. Geology related constraints to development will be addressed as a PUD Plan application requirement. ets,yr.,W8 Tlf �xisiR.r Z-442 Futura Horse Village Page 2 The subject site does not contain any known commercial mineral deposits.These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and the responses of referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional upon the following notes being placed on the PUD District plat prior to recording: - The street within the PUD District is private and shall be maintained by the PUD District property owners. Future access to the private street shall be granted to subsequent off-site developers using the formula provided in Section 11-2 of the Weld County Subdivision Regulations. - A site plan review is required in accordance with Section 33.4.5 of the Weld County Zoning Ordinance. - Septic systems shall be used for sanitary effluent flow only. No industrial or commercial flow to septic disposal systems shall be allowed. All septic systems shall be approved by the Weld County Health Protection Services prior to approval of a site plan review. - The requirements of the Longmont Fire Protection District shall be met. The PUD District Plat shall be revised to show the following: - Amoco's existing oil and gas production facilities. - Amoco's access easement to the two existing oil and gas production facilities. - The Panhandle Eastern Pipe Line Company and Amoco's pipelines and easements. Motion seconded by Ivan Gosnell. Z-442 Futura Horse Village Page 3 VOTE: For Passage Against Passage Ernie Ross Paulette Weaver Bud Halldorson Jerry Burnett Ivan Gosnell Louis Rademacher Ann Garrison 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 15, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 16th day of March, 1988. Bobbie Good Secretary 1 1-T1r: 1 I`"`:ENTCRY OF ITFYS SUFMITTED FOR CO:;SIDERATICN Case Number Z-ttia Sutcitred or Pren.rred Prior to Hearing At ilearinn 1. Application (p 7 Pages 2. / Application plat(s) / page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Ouncr `:ailing List 6. DPS Mineral Owners Mailing List 7. a DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. RAP ' 00 {2 Vilier 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the l/ 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 were forwarded to the Clerk to the Board's office on 3l / 7 19 ft. • Cu/rent lanner STATE OF COLORADO ) COUNTY OF WELD v.`1 SUBSCRIBED AND SWORN TO BEFORE ME THIS ZZ `DAY OF yho,><.c4, 194103 SEAL My Commission Fx ires Feb. 13, 1989 • NO ARY PUBLIC '�n �f ,C/ �,/p XN/B/T P1F.y'+�^./7 C 17 .1•rfl EX-HIBIT gI,NNV-ENTORY CONTROL SHEET Case (// 77 ,j; _/2 I0 Exhibit _Submitted By -Exhibit Description'51/"7 B. C. J'�/!/l� g/ D. cA/ _(-11_2-se_-%1) (WiCa/'7H- ef 2e,9-7:7;; 0-4/47/24,---72,9" F. /�/E !/G �/ /:-��//'✓!✓ltG?� �'/�✓17Gaoe�hO97 2 � L. H. I. J. -K. t. M. N. 0. R�gin a If tlfil LAND-USE APPLICATION _SUMMARY -SHEET Date: March 8, 1988 CASE NUMBER: Z-442 NAME: futura Horse Village ADDRESS: c/o Turner Realty, 425 Coffman Street, Longmont, CO 80501 REQUEST: A Change tf Zone from A (Agricultural) to PUD (C-3, Commercial uses) LEGAL DESCRIPTION: Part of the Ni NEk of Section 3, TIN, R68W of the -6th -P.M., Weld County, Colorado LOCATION: South of and adjacent to Colorado Highway 52; west and adjacent to West I-25 Frontage Road PLANNING COMMISSION FUNCTION: To make a recommendation to She Board of County Commissioners based on the information in Section 28.7 of the Weld County Zoning Ordinance. PROJECT OVERVIEW: Proposed Zone District: PUP for C-3, Commercial uses as -listed in the Weld County Zoning Ordinance. Size of Parcel: 50 acres, more or less Number of Proposed Lots: 16 Average Lot Size: 3. 125 acres, more or less Water: Left Hand Water Supply Company Access: One access from Colorado -Highway 52 and one access from the West I-25 Frontage Road Parking: No on-street parking _Street: Privately built and maintained to County standards. Landscaping: Each lot will meet the C-3 (Commercial) use requirement for landscaped areas Fire -Protection: Longmont Fire Protection Di-strict Iit Z-442 Futura Horse Village Page 2 Police Protection: Weld County Sheriff Opeu Storage Permitted, but must be visibl:• . screened from I-25 and Colorado Highway 52 Possible Issue: The Weld County Health Protection Service Department has recommended against using septic system for sewer. The applicant is currently working on this concern. Referral agencies who have returned specific recommendations are included in this packet. The Department of Planning Services has not received any objections to this request. 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Y .) ��::x _` - t t °, ; $ T�- ' +r fyw ... 75 4.= 4; e �rf J, .7 i nipp tdR Y , fEr ♦ �I ' 4-4i ' nii:,,, R 'Fk . %i r y`fxJ I a •• MI _4 tir w tom` rr._ , , x L. i L e—;:, 4 'n .i y.+� ��g r Yfn �� i 'T Y ff Y .4-f. !avlit f,' pe z.-q• ,h,-,17----•,.,i.\ --; 1`S'ft42%xk+65 db+w 4.:a' Y \ . .. \,,,,,.. { t? -' 4 "A it v..r 41 ....•"•,..... .4;4. y . 4 � � i • • lila >` < _. Q l t FIELD CHECK FILING NUMBER: S-281 :87:8 DATE OF INSPECTION: August 20, 1987 NAME: Merle Johnson (Futura Park North) REQUEST: Sketch Plan (Commercial Planned Unit Development) LEGAL DESCRIPTION: Part of the Ni NE} of Section 3, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles west of Dacono; south of State Highway 52 and west of I-25 LAND USE: N Frontier Materials, open storage, Phillip's 66, park and ride, Highway 52, and agricultural production E 1-25 Frontage, I-25 , agricultural production S Agricultural production W Agricultural production ZONING: N C-3, Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The property contains the following improvements: - 2 beam pumping units, oil wells, and meters; - 1 irrigation lateral; and - 1 single family residence ,and outbuildings. The balance of the property is in agricultural production. Access to the property is proposed from State Highway 52 and the I-25 Frontage Road. An access from a commercial lot in the southwest corner of 1-25 and State Highway 52 exists to a 60 foot access easement on the subjects property. This access easement is known as Outlot A and is located on the northern property line of the sketch plan map. An access onto the 1-25 Frontage Road exists to an oil well located in the northeast corner of the property. Another access road to an oil well located in the southwest corner of the property, runs to the western property line and then runs 88 ' 1 Field Check Merle Johnson Page 2 south to State Highway 52. A single family residence is located in the northwest corner of the property. This residence also has an access onto State Highway 52. BY: 'l!7 K:C"lG_,. Rod Allison Principal Planner REFERRAL LIST APPLICANT: Henry Braly CASE NUMBER: Z-442 NT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: February 26, 1988 ( SR NR NO SR NR X County Attorney (plat only) • X X Panhandle Eastern Pipeline Co. c/o Mr. Ken Neff X X Weld County Health Dept. 635 North 7th Avenue P.O. Box 127 X X Engineering Department j !— Brighton, CO 80601 X Weld County Sheriff's Department c/o Mr. Rick Dill X X Mr. Louis Rademacher 13184 Weld County Road 13 x f X State Highway Department Longmont, CO 80501 1420 2nd Street £ Greeley, CO 80631 ( ' X Oil and Gas Commission / c/a Mr. Bill Smith 1313 Sherman Street, Room 721 Denver, CO 80203 X X Left Hand Water Supply Company c/o Mr. Jim Dickey P.O. Box 210 Niwot, CO 80544 A,X Tri Area Planning Commission c/o Ms. Rebecca Marker P.O. Box 363 Frederick, CO 80530 y X Longmont Fire Protection District /� c/o Mr. Bill Emerson 9119 County Line Road Longmont, CO 80501 X Longmont Soil Conservation Service 9595 Nelson Road Box D Longmont, CO 80501 Al X Colorado Geological Survey c/o Ms. Candice Jochim Mineral Fuels Section 1313 Sherman Street Denver, CO 80203 =No Objection :=Specific Recommendations 0. t=No Response a, ri,, (,(4. rorbeno -RAI rivuni .4, , ',.... Wig? Weld County Planning e. Date February 11, 1988 COLORADO Health Protection Services '-nom jbe Case No. Z-442 Name: Braly, Henry The site has clay base soils with shallow bedrock and ground water with ' preliminary percolation rates of 30-240 minutes per inch. Section 6.1C of the Weld County I.S.D.S. regulations restricts the number of evapotranspiration systems in a new sub—division to no greater than 25%. Due to the possibility of creating a negative impact on the ground water table from significant industrial septage flows, the extensive size of absorption areas required to handle industrial flows, and the restriction of suitable soils; this Division does not recommend for approval of the proposed sub—division. itili FEB 16 1988 t. keld Co. Plano vuwonovuc PRO^,." A STATE OF COLORADO DIVISION OF HIGHWAYS ._:.,. Aft*, P.O. Box 850 ;r i�vv\ Greeley, Colorado 80632-0850 ( /1,is (303) 353-1232 0 %/ ' February 18, 1988 Weld Co. , S.H. 52 Futura Park North P.U.D. S.W. of I-25 and S.H. 52 Int. Mr. Rod Allison Department of Planning Services • DOH File 4510C Weld County 915 - 10th Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the application from Henry Braly for a change of zone from agricultural to commercial. The property which is the subject of this zone change was previously reviewed by this office as the Futura Park North P.U.D. The comments in our letter of August 26, 1987, addressed highway issues, including: additional right of way along State Highway 52, access to S.H. 52 and the I-25 frontage road, and the control of surface runoff. The revised P.U.D. plat and the January 25, 1988, letter from Merle Johnson have addressed our request for additional right of way and highway access. We appreciate the consideration given to the location of the access to S.H. 52 and the limitation of access to the I-25 frontage road. We would like to re-emphasize cur desire that the Futura Drive access to S.H. 52 also serve the property to the west if it is developed, and that the only access to the I-25 F.R. for the existing oil well and the P.U.D. be provided by Futura Drive. We note that the Vicinity and Land Use Map shows a 1.5-acre detention area for the control of surface runoff. The historical runoff rate for the 2/ year storm is not to be exceeded as a result of the development of this property. Thank you for the opportunity to review this rezoning. Please contact Wally Jacobson at 350-2163 i you have any .-luestions. Very truly yours, I. l ALBERT CHOTVACS D I FEB 2 2 198 I I DISTRICTN ENGINEER LL •L.31A i.C ,Yoh K. Crier ' ₹Ield Ctl. :M36nur iI4lMSSiBr District Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs e Av 3 ( tit Jul " nu W � Rod Allison ® To Rod A on artmcnf o.: _February-ig 11188 COLORADO From -Dona R _ Adminis Carr-�1-1-T t,-ter;. e�lanager.r F_�_Aaring--- ---- Subrect _Henry Braly Z-x.42 -- ---__--_— ADDITIONAL INFORMATION NEEDED FOR THE FINAL P.U.D. Drainage: Storm water retention facilities shall be provided on site which are designed to retain the storm water runoff from the fully developed site from a 100-year storm. Street: Privately built and maintained local street. Access: Colorado Hwy 52 and 1-25 Frontage Road. DRC/rs:prhb xc: Commissioner Yamaguchi Planning Referral File - Braly FF B 1988 7'n kW Co. ?4ar�.iy�samm&'OtU Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont,Colorado 80501 February 12, 1988 FEB 19 1988 weld Cu. Nlaiimg Weld County Planning Services 915 10th Street Greeley, CO 80634 Gentlemen: This is in response to the application for change of zone for the utura Park North P. U. D. Your regular _crm was not founa in the package you sent for review. We reviewed the proposal and found no conflicts with our interests. Sincerely, • } Barry L. Sinkey President BLS:rah CONSERVATION • DEVELOPMENT - SFLF-GOVERNMENT f �'?' •+ PANHANDLE EASTERN PIPE LINE COMPANY PO. BOX 127 • 635 N. 7TH AVENUE BRIGHTON, COLORADO 80601 • 13031 659-5922 February 22, 1988 Mr. Arnold E. Turner • Turner Realty 425 Coffman Longmont, CO. 80501 RE: Futura Park North P.U.D. - PEPL 16-10-075-352-8" Pipeline. In the Northeast Quarter of Section 3, Township 1 North, Range 68 West, Weld County, Colorado. Dear Mr. Turner: This letter confirms our discussion regarding the above referenced pipeline. The following outlines the provisions regarding this matter. 1 . Futura Park North has the right to construct and maintain utility lines, streets, sidewalks and driveways, which may be installed at approximate right angles to the pipeline herein authorized, provided however, that all utilities maintain 12 inches clearance from our pipeline. No paved or traveled portion of any street, sidewalk, driveway, road, parking area, alley or curbing will be placed substantially parallel to and within 10 feet of the pipeline. 2. No building or structure shall be allowed within 25 feet of our pipeline. 3. If for any reason our line must be moved, it will be at the expense of the developer or the person or persons asking for this movement. 4. If a flow line of a concrete curb is placed 10 feet from Panhandle' s line, access upon that interior street and curb is required for the purpose of maintenance and monitoring operations. 5. In the event of a crossing with a road or utility, please contact Utility Notification Center of Colorado (U.N.C.C. ) at 534-6700 (Local & Metro Denver) , or 1-800-922-1987 (Outside the Metro area) , with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. 88673n If you are in agreement with the terms of this letter, please acknowledge in the space provided below. Very truly yours, Ken J. Neff Right-of-Way Representative kjn/1683R xc: RLVogelgesang C.L. Devinney JESelvidge AASmith Accepted: Date: • Ogt 30N, �9 ROY R.ROVER rye ` °o WE-88-0018 INNS GOVERNOR JOHN W. ROLL) \r, y DIRECTOR \876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(3031 866-2611 February 17, 1988 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: RE: FUTURA PARK NORTH P.U.D. At your request, we have reviewed the materials submitted by your office to ours for the P.U.D. referenced above. Generally, the development is geotechnically feasible if some precautions are taken. As the Empire Laboratories report indicates, there are several serious geology-related constraints to development which will need to be adequately addressed if related difficulties are to be avoided. 1 . Subsidence. Although the subsidence potential and hazard(s) for this development are low according to the best available data and interpretations, engineering of structures and utility lines should be done in such a way that the possibility of adverse effects caused by subsidence are minimized. 2. Soil conditions. Specially engineered foundatiocs u '1"; be re as; because of the presence of expansive soils. A soils engineer should be retained to supervise foundation design and construction in every instance. 3. Site drainage is poor and improved drainage control should be done coincident with development and construction in the area. 4. Septic systems will be probematical and much higher than ordinary construction costs should be anticipated. Lot purchasers should be apprised of this possibility through plat note(s) or other means prior to closing lot sales. GEOLOGY STORY OF THE PAST. ..KEY TO THE FUTURE �� _�{ Weld County Department of Planning Services WE-88-0018 February 17, 1988 Page two If these recommendations and those made in the Empire Laboratories report are followed and following them is made a condition of approval of this P.U.D. , then we have no geology-related objection to it. Sincerely, 1O James M. Soule Engineering Geologist bcr:JMS-88-065 3716/7 FEB 24 1988 ----a - "i Yield Co. Planning cs,wnnni ( - STATE OF COLORADO i OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 FRANK J. PIRO Deputy Director (303) 866-3531 ROY ROMER Governor February 24 , 1988 • Mr . Rod Allison, Principal Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE : Case Number Z-442 C.,ar Allison : We have reviewed subject application submitted to you by Henry Braly for a change of zone from A to P.U.D. in the N1/2 NE1/4 of Section 3 , Township 1 North, Range 63 West, 6th P.M. There are currently two wells that have been drilled by Amoco and are located in this tract . Copies of the survey plat and completion report on these wells are attached . While the operation of the wells and proposed development may be compatible, I would recommend that you condition the approval with the same safety restriction we have only in reverse. That is provide that any occupied building, public road or above ground utility be 150 feet from any existing well, etc. I have enclosed copies of our safety regulations and in addition to the one referred to above, Rule 603a. ( 1) I would recommend you review the remainder of that rule as well as Rule 604 for other similar conditions . If you have any questions regarding the above please contact me at 894-2100 . I would appreciate a copy of your approval when complete . o RICr ' St� "1 fi - Yours very truly, tu1571 PiR 1968 th1 ti i . ,��, �- L11-- C 1 /varr� I� Cu. Vl�11r"°'� ',wlix.,9!t William R. Smith, P .E . Director Enclosures 880+n1 WRS/mrb 0456A w NI ,p r J J l . 0 W 1 1i . -ZJ ri< r` 0- 4Lb 1 - j • , a.b i 1V a a 3 CI /• ; s i /I / ol 1 ''1 • F II i - ' -. Q i,'o I n' =.D; S CsC�I \ _ ' _— ILL % - �� �n� ^^ �� .rte I .. Lo — i\ '.I C2i ,O 1- w ._ n ro o v C J - Io I r I tju 07 7w G I i m I p F S I Lt 0 h i n.I ol1M a I in i G LEI �I = -9'bec il�i I 1..I j . n I -io c,i mc. 7 - f JC I 1/1 � F r4 s �;, / ,9 'ESZI s,,.,„ 52;V S I\/ spit1GMOio. •o„t ..ii LONGMONT FIRE PROTECTION DISTRICT •4 ` 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 9orecnoo 4 David Bierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Nuss Fire Chief Director Director Director Director Director 10 February 1988 Mr . Rod Allison Weld County Department of Planning ` erv:ces 915 10th Street Greeley . CO 80631 • Ref : Case Number 2-442 "Futuna Park North P .U. D. Subdivision" :e have reviewed the aoplicatian submitted by Mr . Henry t)r-aly nor a zone change from (A) agricultural to P.U.D. ( C-3 Commercial ) located adjacent to the west 1-25 Frontage Road 3, south of Weld County Road 14 (HWY 52) . We do not have any objections providing requirements of the Longmont Fire Protection District are met . Our requirements for this P .U .D. are as follows: 1 . Fire protection water supply. Owners/Developers of a P.U.D. or their design • engineers shall provide proof that the fire protection water supply system has the capacity to meet fire protection flow requirements , as determined from the 1987 accumulative supplement of the Uniform Fire Code 1985 Edition, New Appendix II "Fire Flow Requirements for Buildings. " Water supplies shall be capable of supplying the required fire flow for at least one hour for fire flows of 1500 GPM or less at 20 PSI and 2 hours for fire flows greater than 1500 GPM at 20 PSI . 2 . Fire Hydrants Distances between installed fire hydrants in industrial complexes shall not exceed 300 feet . For buildings exceeding 20,000 square feet in ground floor area a fire hydrant shall be installed within 300 feet of any portion of the building. Locations of fire hydrants shall be determined by the fire district prior to installation. Fire hydrants installed in narking areas shall be protected by barriers that will prevent physical damage from vehicles . C \ Fire hydrants shall be located within 3 feet of the curb line of fire lanes. streets or private streets. Hydrant outlets shall be a minimum of 18 inches above grade. Hydrants shall have 2 - 2 1/2 inch outlets and one 4 1 /2 inch outlet . Threads shall be Standard Fire Hose Thread . Fire Hydrants shall be installed in accordance with the Standards of the American Water Works Association and the local water company or district . 3. Automatic fire extinguishing systems. An automatic fire extinguishing system shall be installed in occupancies and locations as set forth in section 10.308 of the 1985 edition of the Uniform Fire Code. 4. Stand Pipes Stand pipes systems shall be installed in occupancies and locations as set forth in section 10. 311 of the 1985 Edition of the Uniform Fire Code. 5. Access Roadways Access roadways shall be provided and designed to meet requirements of the Uniform Fire Code Section 10.207 (copy attached ) and Weld County regulations. d. Complete set of plans shall be provided by the developer for review and approval . If you have any questions, please contact this office. Sincerely , Wm. R. Emerson Fire Marshal Enclosurers: Fire Apparatus Access Roads WRE/kl Copies: Futura Horse Village. A Partnership , Turner Realty % Arnold Turner , 425 Coffman St . Longmont . CO 80501 Board of Directors (5) Richard N. Lyons, II - Attorney Chief File r-n sA . A AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss NOTICE OF PUBLIC HEARING COUNTY OF WELD • 1, Clyde Briggs, do solemnly swear that The Weld County Planning am publisher of The Johnstown Breeze: Commission will conduct a public hearing on Tuesday, March 15, that the same is a weekly newspaper 1988, at 1:30 p.m. to review aa printed, in whole or in part, and publishes request for approval of a change • of zone from A (Agricultural) to in the County of Weld, State of Colorado P.U.D. (C-3 Commercial Uses) from Her y,B aly_The parcel of and has a general circulation therein; tha land is described as part of the said newspaper has been publishet N^r NEN of Section 3, TIN, P68W o County, Colorado, containing 49 County of Weld for a period of more thai acres,more or less.The property is located approximately 2 miles fifty-two consecutive weeks prior to th; west of Dacono, west and adja- cent to I-25 Frontage Road; J first publication of the annexed legal notic: south and adjacent to Colorado • or advertisement; that said newspaper ha. Highway 52. been admitted to the United States mails a The public hearing to be held by second-class matter under the provisions it the Weld County Planning Com- • mission for the consideration of the Act of March 3, 1879, or an: the above referenced request will be conducted in the Weld County amendments thereof, and that sal Commissioners' Hearing Room, newspaper is a weekly newspaper dul First Floor, Weld County Cen- - tennial Center. 915 Tenth Street, qualified for publishing legal notices and Greeley, Colorado. Comments or objections related to the above advertisements within the meaning of th request should be submitted in laws of the State of Colorado. writing to the Weld County Department of Planning Services, That the annexed legal notice or advertise 915 Tenth Street Room 342, ment waspublished In the regular an Greeley, Colorado 80631, before g the above date or presented at entire issue of every number of said week! the public hearing on March 15. 1988. newspaper for the period of consect Copies of the application are live insertions; and that the fir: available for public inspection in publication of said notice was in the issue the Department of Planning Services, Room 342, Weld said newspaper dated. A.D. 199 County Centennial Center. 915 and that the last publication of said notit Tenth Street.Greeley,Colorado,- Phone - 356-4000, Extension was in the issue of s id newspaper datt 4400. , A.D. 19.0.71. Ann Garrison, Chairman • In witness whereof I have hereunto s Weld County Planning my hand this .2..3.... day of •.F c-•. Commission• d To be published in the Johns- A.D. 19s. t town Breeze e To be M published S one(1) time by March h 1, 1988 I / /I r /,� Publish) Subscribed and sworn to before me, Notary Public in and for the county Weld State of Colorado, this . . ... day • 3 A.D. t9.?.8.. • Notary Pub My commission expires _ HENRY BRALY Z-442 SURROUNDING PROPERTY OWNERS Lansons Farm c/o Ken Wilson 344 Lincoln Street Longmont, CO 80501 Francis X. and Cecilia McWilliams M. Gorce and Donna Schnitzen c/o Ceclia M. Gorce P.O. Box 161 Boulder, CO 80306 Thomas C. and Mary Alice Wholley Billings and FNB Longmont, Trustees South Star Route Lyons, CO 80540 Tico's of Lincoln, Incorporated 317 South 17th Street Lincoln NE 68508 Joseph, Kathy, David F. , and Mick J. Naab 7693 Webster Arvada CO 800003 Chrisand Investment Corporation 5720 North Washington Denver, CO 80216 James K and W. Harlan Ludquist Wagoner and Kent Collins 1017 East Longs Peak Avenue Longmont, CO 80501 Denver R. Mannon Billye Y. Mannon c/o Ralph Mannon Route 3 7825 West 106th Avenue Longmont, CO 80501 Dacona Investments, Limited 8000 East Girard Avenue Suite 703 Denver, CO 80231 8Q8 CJ.v:71 l HENRY BRALY Z-442 SURROUNDING MINERAL OWNERS Union Pacific Land Resources Corporation P.O. Box 2500 Broomfield, CO 80020 Amoco Production 600 South Cherry, Suite 915 Denver, CO 80222 Rock Springs Royalty Company c/o S.L. White 10 Longs Peak Drive Box 2000 Broomfield, CO 80020 1 E8tix'uj >:C+ (;LANNED UNIT DEVELOPMENT) REZONING APPLICATION Case ': Dept. of Planning Services App. Ch'd By: Date Recd: 915 10th Street App. Fee: Receipt i': Greeley, Colorado 30631 Record. Fee: Receipt !1: 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 EXHIBIT "A" (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE agriculture PROPOSED ZONE P,U.D C-3 TOTAL ACREAGE 49.6.54 OVERLAY ZONES Geological Hazard Overlay District SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Futura Horse Village, a partnership Name: Turner Realty % Arnold Turner Home Telephone #: Address: 42b Coffman Street Bus. Telephone 776-1105 Lonomont, Colorado 80501 Name: Home Telephone II: Address: Bus. Telephone If: Name: Home Telephone #: Address: Bus. Telephone if: Applicant or Authorized Agent (if different than above) : Name: Home Telephone II: Address: Bus. Telephone Ii: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Amoco Production Company Address: €UU S. Cherry, Suite 915, Denver, Colorado 80222 • Name: Address: 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 m knowlia dge. hiou/drr COUNTY an A OF -LORA mach10�f n ��` STATE OF COLORADO ) (�// Pe�n�/��f///�, r�err• : Owner or Authorized er_� / Signat re: Ownec Autho Agent lTT Subscribed and sworn to before me this gra day of Fdreap0 )/ j SEAL ;20-41.2e., { - 25- T9 NOTARY PUBLIC My Ccra"ssic*.z � rrrs• OJ EXHIBIT "%1" T"UTURA PARK NORTH P.U.D. SUBDIVISION OWNERS: PUTURA HORSE VILLAGE (OPTIONED TO BRALY PARTNERS) LEGAL DESCRIPTION That part of the North Half of the Northeast Quarter of Section 3, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado, more particularly described as . follows : d Considering the North line of the Northeast Quarter of said Section 3 as hearing North 89°51 '30" East, and with all bearings contained "herein relative thereto: Beginning at the Southwest corner of saidNorth Half, Northeast Quarter; thence North 00";d6'33" East along the West line of said North Half, Northeast Quarter 1244.92_ feet to a point on the Southerly line of Colorado State Highway No. 52; thence North 89°58'30" East 664.26 feet alono said Southerly line to the Northwest corner of Puritan Place Commercial Subdivision as shown on. Plat recorded September 28, 1982 as Reception No. 1904833; thence South 00'02' East 339.76 feet along the Vest line of said Subdivision to the Southwest corner of said subdivision; thence South 85°34'07" East along (1 ) the Southerly boundary line of said Puritan Plate Conmiercifl-Subdivision (2) the Southerly boundary line of a parcel of land conveyed to Skelly Oil Company b Warranty Deed recorded July 7 , 1967 in Book 533 as Reception No. 1505462 and (3) the Southerly boundary 1inc .of a parcel of land conveyed. to Denver R. Mannon and Billye Y. Mannon by Warranty Deed recorded May 24 , 1978 in Book 832 as Reception No. 1754120 a distance of 1605. 15 feet to a -point on the Westerly line of Interstate Hiehs•mv No. 25; thence South 13°36' 59" East 606.39 feet along said Westerly line; thence South 00`10' 31 " West 143.92' feet along said Westerly line to a. poiht on the South line of said North Half, Northeast Quarter; thence North 82°57' 13'.' West 2409.52 feet along said South line to the Point of Beginning. Thus described tract containing 49.654 acres. JOHNSON & ASSOCIATES LAND SURVEYORS 8 CORNELL DRIVE LONGMONT. COLORADO 80501 T2-8800 January 25, 1988 • Weld County Department of Planning Services 915 10th Street Greeley, Colorado ATTENTION: Rod Allison RE: Futura Park North P.U.D. - Change of Zone Application Dear Mr. Allison: (1 ) Enclosed is our application for Change of Zone with the requisite fees , supporting documents and blue prints of the District Plat and Vicinity and Land Use Map. Also included are copies of Soils Report and highway structural requirements and design. A check has been included for the investigation by Colorado Geological Survey. We would also like to discuss the P.U.D. Change of Zone requirements as requested in your letter dated August 8, 1987, and as outlined in the Comprehensive Plan. (2) We propose to develop a 50-acre parcel with access and road frontage onto Highway 52 and I-25. The concept includes the development of 16 integrated and harmonious lots. The average lot size will be 3 acres more or less. The uses proposed for the 16 lots will be warehousing and transfer facilities , contractor shops , equipment or appliance repair shops , wholesale trade establishments , and uses allowed by right in the C-1 , C-2 and C-3 districts of the Weld County Zoning ordinance. The architectural style of buildings and structures within the P.U.D. will be similar. All buildings will have minimum uniform setbacks and offsets. All buildings will be similar in style, height, proportion , roof forms, color, materials , floor lines , solid to void ratios and directionality. Landscaping will be uniform and proportional throughout the P.U.D. Particular attention will be directed to lots which have public right-of-way frontage on Highway 52 and I-25 to insure that the P.U.D. will be visually attractive when viewed from these highways. 8803 - 2 - The County's Site Plan review process and covenants will be used to insure that the concept , style and use meet the standards of the P.U.D. _district. (3) The subject site is located in the Southwest corner of Highway 52 and 1-25 and is indentified as an activity center in the Weld County _Comprehensive Plan. An activity center is a major concentration of development that requires good road access and high visibility. The P.U.D. proposed fits the description of an activity center and complies with the I-25 M.U.D. Area and Activity Center -Goals and Policies. (4) The uses within the P.U.D. District will be compatible because the requirements of the C-3 district of the Weld County Zoning Ordinance will be uniformly applied to each lot. The Site Plan review process and covenants will be used to insure that the P.U.D. is compatible. The subject site contains two oil wells , two beam pumping units and meters. These oil and gas production facilities are serviced daily (per Mr. Barker, Amoco Oil Company) . Service trucks will be granted access via the proposed private road within the P.U.C. district. Because oil and gas production facilities are not a use by right in the C-3 district the following features will be established to insure compatibility with other structures and uses within the P.U.D. : All oil and gas production facilities will be located a distance of 150 feet from any occupied building , storage area and public or private road. This complies with Oil and Gas Commission Safety Regulation No. 603. Once production ceases , these facilities will be removed from the P.U.D. site. A 60-foot access easement for the benefit of an adjacent property owner is located along the Northern and Eastern boundaries of the P.U.D. district. The access easement belongs to the adjoining property owner. This access easement will not be permitted access to Colorado Highway 52. Access will be allowed to Colorado Highway 52 and the I-25 frontage road via the P.U.D. private drive. The above mentioned access easement will be maintained by the owner. An existing home and out-buildings are located on Lot 1 within the P.U.D. district. Prior to the issuance of building permits , the home and out- buildings will be sold and removed from the P.U.D. district. (5) The uses surrounding the P.U.D. district will be compatible because the requirements of the C-3 district of the Weld County Zoning Ordinance will be uniformly applied to each lot. Because this site ishighly visible from I-25 and Colorado Highway 52, special attention will be given to areas used for outdoor storage. Areas used for outdoor storage shall be screened for public rights-of-way, private streets , and adjacent 'properties outside the P.U.D. Screening shall consist of a solid wood fence adequate in height to screen outdoor storage. Additional land- scaping will be used if necessary. Operable vehicles are not considered storage. 8803 1 - 3 — (6) See application requirement #2 for a -description of uses within the P.U.D. The maximum building height will be 35 feet. The minimum set back will be 25 feet from the existing or future right-of-way whichever is greater. The minimum off-set from side or rear property lines will be 10 feet. The maximum buildable envelope per lot will be equal to one-half the lot size provided all site plan and performance standards of the -C-3 district of the County Zoning Ordinance are meet. All out- door storage will be screened as described in application No. 5. (7) There will be no public open space within the P.U.D. district. Because of the type of uses proposed (C-3 uses) , there would be no benefit to the lot owners. Each lot -owner will maintain a minimum of 15% of each lot area in landscaping. A uniform landscaping plan will be presented with the P.U.D. plan to fulfill this requirement. There are no school sites , fire or sheriff facilities planned within the P.U.D. (8) Left Hand Water Company has agreed to provide water for 16 taps with sufficient main line capacity to meet fire protection requirements. A copy of statement from Mr. Jim Dickey of the Left Hand Water Company is attached to the application as support information. (9) Each lot will have its own septic system according to Weld County Health Department Standards. (10) The P.U.D. will be served by a privately built and maintained local street. The street will have a 60-foot private right-of-way. The street will be a paved street, 32 feet in width with 3 foot shoulder and drainage ditch on each side. There will be one access on Colorado Highway 52 and one access on I-25 frontage road. Both accesseswill be designed to meet Colorado Division of Highway requirements. There will be no on street parking allowed. (11 ) A soil survey and study of the site regarding suitability of the soils to support all uses allowed in the P.U.D. district is attached. (12) The coal resource beneath the surface of the P.U.D. is owned by Union Pacific Railroad. We have attached a letter from Bob See and Les White representatives of the company who owns the coal resource, to verify they have no objections to changing the zone. Information regarding potential commercial mineral deposits is being forwarded to the Geological Survey Division for review. -Amoco Oil Company owns two existing oil wells on the property. These wells will continue to Exist as non-conforming uses and will be made compatible by using extended setback. Union Pacific Resources have agreed to a 50 year, $1 .00/acre per year lease to the developer of all mineral resources because of their belief that any commercial minerals have been extracted. Amoco Production Company owns the oil and gas wells now existing. They have been contacted by the developer and a letter from them regarding their concern , if any, is forthcoming. They have verbally expressed no concern over the development. - 4 - See attached memorandum of agreement with Union Pacific Resources. (13) The proposed P.U.D. district site is mot located within a flood hazard district. (1-4) The proposed Change -of Zone district is located within a geologic hazard area. Information has been prepared for the Colorado Geological Survey Division regarding this matter. We intend to comply with their recommendations . Sincerely, 4� �& IA) 'hnt' ti r e D. hnson 88030 Planned Unit Development Change of Zone AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property FUTURA PARK NORTH 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 and addresses _of all mir.r-al 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. See attached "Surrounding Property Report" prepared by Longmont Title Company The foregoing instrument was subscribed and sworn to before me this 34,C day of it;l teg y , 19 WITNESS my hand and /official seal. My Commission expires: Notary Fublit Planned Unit Development Change of Zone AFFIDAVIT OF -INTEREST OWNERS SURFACE ESTATE Application No. • • Subject Property FUTURA PARK NORTH P.U.D. STATE BF COLORADD ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or ter knowledg-e 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 ownera of -property (the surface estate) within five hundred (500) feet i the property subjeuu to the application. This list was compiled from the records os 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 Donncy 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. See attached "Surrounding Property Report"y ipai prepared by Longmont Title Company The foregoing instrument was subscribed and sworn to before me this 3/t day rrtJr'4slr/ , 19p0p by. WITNESS my -hand and _official seal. My Commission expires: -.) - 22-61•571p Notary Publi2 afiznan, 880TM LONGMONT TITLE (OMMNYInc. 229 TerryStreet,P.O.Box 2058,Longmont,rolorado 80501 (303)651-1401 Metro 443-1011 DATE: January 18, 1988 Our Ref: Surrounding Property Report Your Ref: _Future Horse Village TO: Johnson and Associates Attn: Merle Johnson The following is a Statement Only of the names of the property owners and mineral owners in the last recorded Deed purporting to affect the seal property below, and the property within 5OO feet of said property. LEGAL DESCRIPTION: Zee -Attached Exhibit "A" OWNERS: Futura Horse Village, a Partnership OWNERS OF THE -PROPERTY WITHIN 5O0 FEET OF THE ABOVE DESCRIBED PARCEL: See Attached Exhibit "B" This Statement is not a Certificate -of 'Title and does not reflect change of ownership caused by death or court proceedings, -and as this Statement is furnished for a nominal fee, the Lompany assumes no liability beyond the amount paid for this Statement. Sincerely, L MONT TITLE COMPANY, INC. E R. DAVIS President JRD/ko 88031M 1 L0NGMONTS ONLY LOCALLY OWNED TITLE COMPANY SERVING BOULDER,1.ARIMER-AND WELD COUNTIES • EXHIBIT "A" That part of the N1/2 of the NE1/4 of Section 3, Township 1 North, Range 68 West of the 6th P.M. , more particularly described as follows: Considering the North line of the NE1/4 of said Section 3 as bearing North 89° 51' 30" East, and with all bearings contained herein relative thereto: Beginning at the Southwest corner of said N1/2NE1/4; thence North 00° 06' 33" East along the West line of said N1/2NE1/4 1244.82 feet to a Point on the Southerly line of Colorado State Highway No. 52; thence North 89° 58' 30" East 664.26 feet along said Southerly line to the Northwest corner of Puritan Place Commercial Subdivision as shown on Plat _recorded September 28, 1982 as Reception No. 1904833; thence South 00° 02' East 389.76 feet along the West line of said subdivision to the Southwest corner of said subdivision. thence South 85° 34' G7" East along (1) the Southerly boundary line of said Puritan Place Commercial Subdivision (2) the Southerly boundary line of a Parcel of 1-and conveyed to Skelly Oil Company by Warranty Deed recorded July 7, 1967 in Book 583 as Reception No. 1505462 -and (3) the Southerly boundary line of a parcel of land conveyed to Denver R. Mannon and Billye Y. Mannon by Warranty Deed recorded May 24, 1978 in Book 232 as Reception No. 1754420 -a distance of 1605.15 feet to a point on the Westerly line of :Interstate Highway No. 25; thence South 13° 36' 59" East _606.39 feet along said Westerly line; thence South 00° 10' 31" West 143.92 feet along said Westerly line to a point on the South line of said N1/2NE1/4; thence North 89° 37' 13" West 2409.52 feet alongsaid South line to the -POINT OF BEGINNING. 88-Or le EXHIBIT "B" 1. MINERAL -OWNER Union Pacific Land Resources Corp. 9. James K. Ludquist, W. Harlan P.O. Box 2500 Wagoner & Kent Collins Broomfield, Co. 80020 1017 East Longs Peak Ave. (PIN #5675286 & 5674886) Longmont, Co. 80501 (PIN #5675386) 2. MINERAL LEASEHOLDER 10. Denver -R. Mannon & Billye Y. Mannon Amoco Production c/o Ralph Mannon 600 S. Cherry, Suite 915 Rt. 3 - 7825 West 106th Ave. Denver, Co. 80222 Broomfield, Co. 80020 (PIN #5675186) (PIN #5675586) 3. Lansons Farm 11. Dacona Investments, s.td. c/o Kent Wilson BOOR East Girard Ave. , Suite 703 344 Lincoln st. Denver, Co. 80231 Longmont, Co. 80501 (PIN 15671886) (PIN #5668486) 4. McWilliams, Francis X. , _Cecelia M. Gorce & Donna Schnitzen c/o Cecelia M. Gorce P.O. Box 161 Boulder, Co. 80306 (PIN #5661586) 5. Thomas C. Woolley, Mary Alice Billings and FNB Longmont, Trustees South -Star Route Lyons, Co. 80540 (PIN 15660986) 6. Chrisand Investment Corp. 5720 North Washington Denver, Co. 80216 (PIN #5674686) 7. Sico' s of Lincoln, Inc. 311 S. 17th St. Lincoln, Nebraska 68508 (PIN #5673386) 8. Naab, Joseph, Kathy, David F. & Mick J. 7693 Webster Arvada, Co. 80003 (PIN #5675886) HENRY BRALY Z-442 SURROUNDING PROPERTY OWNERS Lansons Farm c/o Ken Wilson 344 Lincoln Street Longmont, CO 80501 Francis X. and Cecilia McWilliams M. Gorce and Donna :chnitzen c/e Ceclia M. Gorce P.O. Box 161 Boulder, CO 80306 Thomas L. and Mary Alice Whalley Billing-s and FNB Longmont, Trustees South Star :Route Lyons, CO 80540 Tico's of Lincoln, Incorporated 317 South 17th Street Lincoln NE 6-8-508 Joseph, Kathy, David F., and Mick J. Naab 7693 Webster Arvada CO £00003 Chrisand Investment Corporation 5720 North Washington Denver, CO 80216 James K and W. Harlan Zudquiat Wagoner and Kent roiling 1017 East Longs Peak Avenue Longmont, CO 8_0501 Denver R. Mannon Billye Y. Mannon c/o Ralph Mannon Route 3 7825 West 1116th Avenue Longmont, CO 80501 Dacora Investments, Limited 8000 _East Girard Avenue Suite 703 Denver, CO 80231 rTh DEPARTMENT OF HEALTH 1516 HOSPITAL ROAD if at GREELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303) 353-0639 C. COLORADO March 11, 1988 Johnson & Assoc. ATTN: Mr. Merle Johnson RE: Z-442 6 Connell Drive Longmont, Colorado 80501 Dear Mr. Johnson, The Weld County Health Protection Services has reviewed the memorandum 'ram E. Wayne Wentworth, P,E. regarding the feasibility of using standard absorption septic systems in the Future Park P.U.D. We agree with the engineers review comments that additional percolation testing will be necessary to determine site specific sizing of absorption areas which will allow for pre—determined maximum effluent flow for each lot. Due to site conditions and maximum flow allowed some lot sizes may need to be adjusted -in order to meet Weld County I.S.D.S. regulation requirements. Before this department can recommend for approval the data from additional percolation testing, soil profile borings, and the resulting maximum flow allowed and -prescribed for each lot will need to be submitted for review and approval. Sirrcerelyi Wes Potter, Direct r Health Protection Services WP/gl ,If cc: Rod Allison, 4rincipal Planner, -Weld County Planning D W- AJAR 15 1988 horn to Q(9p4S* NumrdMiui; F?+ ,A,'1, Hello