The URL can be used to link to this page

Browse Search

Home My WebLink About940119.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - MICHAEL AND PAMELA GUTTERSEN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 2nd day of February, 1994, at 10:00 a.m. for the purpose of hearing the application of Michael and Pamela Guttersen, 26780 Weld County Road 36, LaSalle, Colorado 80645, requesting a Change of Zone from A (Agricultural) to E (Estate) , for a parcel of land located on the following described real estate, to-wit: Part of the SWI of Section 21, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Larry Intermill, Intermill Land Surveying, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendation of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of non-prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Kersey has reviewed this proposal and has no objections to the proposed Change of Zone. PL0941 940119 12 PL ' NG) //,AAR_'/11LL 41F iW r'r.' L_�„ T. pLo9to CHANGE OF ZONE - GUTTERSEN PAGE 2 b. The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses which include the Town of Kersey, a large irrigation ditch, railroad tracks, pasture, native grasses, oil and gas production, and a church. c. Public water is available from the Central Weld County Water District, and the applicants have proposed utilizing septic systems. d. Access to the site is from Weld County Road 53 and to the north through the Town of Kersey, according to the application materials. This proposal is acceptable to the Town of Kersey. e. The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. f. No overlay districts affect the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Michael and Pamela Guttersen requesting a Change of Zone from A (Agricultural) to E (Estate) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. Prior to recording the plat, the following notes shall be placed on the Change of Zone plat: a. Water service shall be provided by Central Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Kersey. c. The maximum number of lots associated with this Change of Zone shall be 13, in accordance with the application materials. d. Access to the site shall be from Weld County Road 53 and may also be from the Town of Kersey to the north. e. The on-site oil wells and associated facilities shall be fenced off by the developer, if the mineral interests have not already done so. 940119 CHANGE OF ZONE - GUTTERSEN PAGE 3 f. No buildings within the subdivision shall be built within 200 feet of the three on-site oil wells and associated facilities. g. Adequate turnarounds and access roads shall be provided for access to the on-site oil wells and associated facilities. h. Each building site shall have a soils and foundation investigation by a qualified soils and foundation engineer before building permits are issued. i. The developer shall accommodate the right of the Latham Ditch Company to use and maintain the ditch. j . The developer shall provide reasonable access to the Kersey water tower. The subdivision plat shall show the access. 2. Prior to recording the rezoning plat, the three on-site oil wells and associated facilities shall be located on the plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of February, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: L�i,/ nai WELD COUNTY, COLORADO Weld County Clerk to the Board 'l , 1 �✓1� 9 W H. Webster Ch rman BY:4 _y .,C�tiz s Deputy le �to the B armed, Dale . Hall, P o-Tem <( APPROVED AS TO FORM: //beorg Baxter County Attor ey Constance L. Harbert/ c- / iA,tcr':{G' _ J ub LG G� Barbara J. Kirkmey 940119 HEARING CERTIFICATION DOCKET NO. 94-13 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO E (ESTATE) - MICHAEL AND PAMELA GUTTERSEN A public hearing was conducted on February 2, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated December 29, 1993, and duly published January 13, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Michael and Pamela Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Larry Intermill, Intermill Land Surveying, represented the applicant and stated this Change of Zone request is to allow a proposed 13-lot subdivision, with each lot ranging from 5 to 13 acres in size. He said the residential tracts would be near the Town of Kersey, which has indicated approval, and noted the Planning Commission's and staff's approval, with this proposal being the best use of the property. Discussion ensued concerning the 200-foot distance between oil wells and buildings. Mr. Morrison indicated the Oil and Gas Commission requires 350 feet in high-density areas, and only 150 feet in other circumstances. Mr. Intermill confirmed the applicants have no problem with the 200-foot distance. In response to a question from Commissioner Kirkmeyer, Ms. Dunn indicated a referral response had been received from the Oil and Gas Commission and the surrounding mineral owners were notified. In response to a question from Commissioner Hall, Mr. Intermill indicated it would not be feasible to supply sewer to the 86-acre site for only 13 lots. He noted staff had no problem with septic systems as long as the required permits were obtained. Mr. Intermill reiterated the lots would range in size from 5 to 13 acres, with an average lot size of 6 to 7 acres and the larger lots being near the ditch. Ms. Dunn indicated a sketch plan, a preliminary plan, and a final plat would be required before proceeding with the subdivision and more specific concerns could be addressed at those stages. Commissioner Kirkmeyer noted the concerns of the Lower Latham Ditch Company and Don Carroll, Engineering Department. (Changed to Tape #94-08. ) Michael Guttersen, applicant, indicated the Town of Kersey has a recorded easement to the street leading into the Town next to the water tower. He said the Town was in favor of allowing the subdivision's attachment to this street for emergency purposes. Ms. Dunn referred to the January 17, 1994, letter from the Lower Latham Ditch Company. In response to a question from Commissioner Baxter, Mr. Intermill said the main access would be onto Weld County Road 53 with a tie into Kersey where the 50-foot easement is located near the water tower. Kevin Chestnut, surrounding property owner, questioned whether the subdivision would be fenced off from his pond which is used for a sprinkler. In response to Commissioner Harbert, he indicated concerns about children playing in the lake and with the sprinkler, with the properties being separated only by the ditch. Jerrold Brethauer, member of the Kersey Town Board, indicated the Town has no intention of improving the 50-foot access easement near the water tower, which in merely a cow trail. Richard Sitzman, surrounding property owner, indicated he is very familiar with Mr. Guttersen's proposal, which would 940119 PLog4 RE: HEARING CERTIFICATION - GUTTERSEN PAGE 2 be a very nice addition the County, the Town, and the School District. He recommended approval of the Change of Zone, indicating there is a high demand for this type of home. Mary Chestnut, also a surrounding property owner, requested a copy of the plan indicating what is being proposed and stated this is the only hearing for which they have been notified. Ms. Dunn indicated the entire file, including the application, a narrative, the plat, etc. , is available for review at any time. She reiterated, however, that this is only the Change of Zone stage. Commissioner Harbert explained the Change of Zone must first be approved, with the plot plan and specifics to be approved later. Ms. Dunn further clarified the sketch plan would be reviewed internally by staff; however, the preliminary plan would be reviewed by the Planning Commission and the Board. Ms. Chestnut stated a concern that once the zone was changed from Agricultural, there would be no recourse. Commissioner Harbert asked Mr. Guttersen if he had considered any types of barriers to address the concerns of the agricultural community. Mr. Guttersen stated there has been minimal cattle grazing on the subject property, which is fenced by a four-strand barbed-wire fence and a four-foot woven-wire fence. He indicated there probably would not be problems with kids, since they will have 5 or 6 acres to play on, and the subdivision will target families with horses. Commissioner Harbert reiterated there is a concern with kids playing with the sprinkler and on the lakes and suggested a barrier between the agricultural property. Mr. Guttersen stated there is adequate fencing existing for livestock and indicated the access easement into Kersey is long-term. He clarified the easement runs east of the trailer court and confirmed they would be negotiating with the Town so as not to infringe upon its right-of-way and noted the plan has been designed with flexibility. Mr. Intermill indicated there is public access to the water tower, which would be maintained for emergency access purposes only. He agreed the development would not cause any more problems or vandalism than what is already existing. Commissioner Kirkmeyer encouraged the applicant to provide a letter of support from the Town of Kersey concerning the access easement at the next hearing. Mr. Intermill reiterated, on behalf of Commissioner Baxter, the larger lots would be near the ditch to avoid trouble areas. Commissioner Harbert stated the request is consistent with the Comprehensive Plan; it is within the Town of Kersey's Urban Growth Boundary Area; it is compatible with the surrounding land uses, with residential on two or three sides; water is available; the lot sizes are large enough for septic systems; and there is adequate access for the property. She then moved to approve the request of Michael and Pamela Guttersen for a Change of Zone from A (Agricultural) to E (Estate) , based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 7th day of February, 1994. APPROVED: ATTEST: A/LehBOARD OF COUNTY COMMISSIONERS WELD COUNTY„COLORADO �. Weld County Clerk to the Board �1. tv By: & doa Webster, C air r Th Dal K. Ha , -T TAPE #94-07 and #94-08 Geo e E. Baxter DOCKET #94-13 47iXrs Y�o� 41,/,'1,c,1L Con tance L. Harbert PL0941 4 L_.fi Barbara J. Kirkme er 940119 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 2nd DAY OF February 1994: DOCKET It 94-01 - Closure/Post-Closure Plan for Waste Services Corporation (01/05/94) DOCKET II 94-14 - Revised Special Review Permit for Waste Services Corporation DOCKET If 94-13•- Change of Zone for Michael and Pamela Guttersen DOCKET it PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 7.4,; ' _?ee , ?' /.3,33;6 . C I ini �"e,� 4 (mzenj( Qin, _±, �< • t4 a}'-20t) 13 "5`7 ff. et,. ;L) LA7I 7 �, 1 --�.�� //oo -/o �:1/ -52,. 4- Spa! ',�d rc 4 (IC' ,. f..1` -t t.< 1„.1 ;✓( /1J/ 1 . 26 / so t.,,c it- 3c, L . �ckitc. ( ` -e4) <( . ? w,:e et, 1c cr4e.,r _Sk ct\ l3%t jJ . CLe trclo.ta. floc I Lo.k(laul , (A . fk t1�� - 13 L �� 1 /� ,3 >r y .,..4,�_ // f'� �[) i. //1 i�'...1 � .SC•1 .,.�: hoUce- MA1C_ Moo S C'L,Y1 CYO._ . •: M- • 1kIv1 Et' I' '<'�ubI (1✓Y�i, ..-Li.PC"i5 ( J &'c,�/ ceh•.« s, 910:t19 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. 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 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. DOCKET NO. 94-13 APPLICANT Michael and Pamela Guttersen 26780 Weld County Road 36 LaSalle, Colorado 80645 DATE: February 2, 1994 TIME: 10:00 A.M. REQUEST: Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the SW* of Section 21, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 53 and south of Weld County Road 54k, adjacent to the Town of Kersey BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: December 29, 1993 PUBLISHED: January 13, 1994, in the Windsor Beacon 9110 n9 �xh�l� t .Ab AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD =at I _____ I I, ROGER A. LIPKER, of said County of Weld, being duly sworn,say that I am publisher of Pursuer a de aenteg 00DAET NO.*1-13 laws of a ZS N WINDSOR BEACON poet"; and 11W WsN APPLICANT: Mlehael. Camly Zoning and pamsh Gunmen,! Winona.. ■ pubec 26750 Weld County, a weekly newspaper having a general circulation in said herb*wll be befdle Road 3e, LaSalle. County and State, published in the town of WINDSOR, in the Chambers of the Daum&emu Board of County said County and State; and that the notice, of which the Cemineelellereof W Weld DATE:February 0,19ge annexed is a true copy, has been published in said weekly wide.Cranial W for / successive weeks, that the notice was CountyTae too tat published in the regular and entire issue of every number of Ceram,1115 G eeley. Fleet Floor, Greeley. REDDEST:Dump of the paper during the period and time of publication, and in Cara,at the time Zen. from A the newspaper proper and not in a supplement, and that SSno rises treeresto• �aae1 AI le (Agricultural) to E the first publication of said notice was in said paper bearing le the following a ate of t paned Change of ofIna DESC1trnat ay of C+M-c�y A.D., 19Cl/ and the al w n pan of the SW 1a el last publicatio aring the date of the aaaa6 and "In D' Si abn 21.Twee.• _day of , A.D., 19_ and that hint. NortlbRangeId ed the said WINDSOR BEACON has been published sea the etppgaant de of the 6tb cony, Well continuously and uninterruptedly for the period of 5 any Interested pant consecutive weeks, in said County and State, prior to the diiea*a �aa te e LOCATION: ion of Maws liar b-- a! Weld County tad 50 date of first publication of said notice, and the same is a rewd of 111. and south of rump newspaper within the meaning of an Act to regulate printing Peke*In awl' County Road M tt2, of legal notices and advertisements, approved May 18, :d:e_M MP darns aaaaam to dtY ma of 1931,and all prior ads so far as in force. M ftarM0,1.1 tteS b, IlerasY. i Mist.OMde slli' BOARD OF BOUNTY ll�, Mate el SI" f COMMISSIONERS, (�n - ms tW rlr at Nast Is WELD COUNTY, D ISHER M��ilarkr�v TM of CaawtaD ,l • bilge rsN M b r BY: DONALD D. Subscribed and sworn to before a this /4/14 14 day of W rnee n'SS'O win WARDEN,- WELD 19 9 COUNTY CLERK TO y �. ` BE IT ALSO KNOWN -44-AC r'rct\/�� d�/l sree dtr tha tru lied IMPS BY: Unda M.Dodo, NOTARY PUBLIC o wad by the Wald Deputy Clerk a the County Planning Dor (� q Communion may be My commission expires `c;t4-1IS 7-, / 99& . maned in Me ea of er 29, ® / the Clerk to the Board et located ala» 3 « Center,914S(fdtadL maim es - Third Far,Melly. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-13, was placed in the United States mail, postage prepaid, addressed to the following property owners. I DATED this ///` day of ///l u_ajt , 1994. v U i�Xi-z,Ze.,- 72,d, � De` ut Clerk to the Board Mary and Kevin Chestnut Keith and Martha Cosson (fJ4,Jyu• //(97941) 27275 27275 WCR 52 761 3rd St. Ct. Y nD Kersey, CO 80644 Crcolcr; CO 80644 Kersey Town of Kersey Jeffrey Tiell PO Box 67 PO Box 526 Kersey, CO 80644 Kersey, CO 80644 Roland Wells McComb Realty Service, Inc. 9100 Rogers Road 928 13th St. Longmont, CO 80503 Greeley, CO 80631 Manuel and Prajedes Eggert Edward and Sheila Steffens and Wilbur Eggert PO Box 455 2810 Lake Valley Drive Kersey, CO 80644 Garland, TX 75040 Marian Scheller William and Eva McIntosh PO Box 86 800 S. 1st St. , No. 23 Kersey, CO 80644 Kersey, CO 80644 Calvin Hansome Lifestyle Homes, Inc. 26174 WCR 42 PO Box 519 Kersey, CO 80644 Greeley, CO 80632 Joseph and Joyce Miller L. Gail Triplett PO Box 476 743 3rd St. Ct. Kersey, CO 80644-0041 Kersey, CO 80644 Charles Casselman Scott and Kathryn Jones PO Box 41 749 3rd St. Ct. Kersey, CO 80644 Kersey, CO 80644 Richard and Karen Schwartz Leobardo and Maria Haro PO Box 554 755 3rd St. Ct. Kersey, CO 80644 Kersey, CO 80644 Joyce and Gary Mount PO Box 74 Kersey, CO 80644 9t.1C _119 ' \\ — 12 m \ / / § 1 « y 1. yx ; .«y . ! / y . < \ ; q N. « . < % » . - \ \ ; f On \ ; CO\ \ 0 \ \ \ \ ) \ / a 5 88 § ) y 88 (3 0 -.....c, 88 � ' § ) »\ $ ° § J'i%J Z-485 GUTTERSON PAGE 2 Darwin Brug George and Jennyrae Ottenhoff 25893 Sndy Knolls Blvd. 25957 WCR 53 Kersey, CO 80644 Kersey, CO 80644 Alan Chittenden Benson Mineral Group, Inc. 743 2nd St. Ct. 1560 Broadway, Suite 1900 Kersey, CO 80644 Denver, CO 80202 James and Joyce Hendricks John R. Wallace PO Box 66 718 17th St. , Suite 808 Kersey, CO 80644 Denver, co 80202 Robert and Debra Werner James D. Brownlie 755 2nd St. Ct. 718 17th St. , Suite 808 Kersey, CO 80644 Denver, CO 80202 Robert and Barbara Hoff Charles B. Greene 25654 Sandy Knolls Blvd. 718 17th St. , Suite 808 Kersey, CO 80644 Denver, CO 80202 Kersey Community Church Kenneth A. Breitenbach PO Box 158 718 17th St. , Suite 808 Kersey, CO 80644 Denver, CO 80202 John and Linda Pfleiderer P & P Holdings, Inc. 25900 Sandy Knolls Blvd. 600 West Illinoise, Suite 103 Kersey,CO 80644 Midland, TX 79701 Pablo and Virginia Rodriguez Michael and Pamela Guttersen 25970 Sandy Knolls Blvd. 26780 WCR 36 Kersey, CO 80644 LaSalle, CO 80645 Walter and Mildred Schlegel 26256 Sandy Knolls Place Kersey, CO 80644 William and Eva Sheets 26421 WCR 58 Kersey, CO 80644 Helen Guffy PO Box 403 Kersey, CO 80644 E. Richard and Linda Churchill 25890 WCR 53 Kersey, CO 80644 Mary and Kevin Chesnut 27275 WCR 52 Kersey, CO 80644 .a , • . 9110119 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 21, 1993 A regular meeting of the Weld County Planning Commission was held December 21, 1993, in the County Commissioners Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order at 1:30 p.m. Tape 453 Roll Call Bill O'Hare -Present Shirley Camenisch Present- Bud Clemons Absent. Juliette Kroekel Absent, , Richard Kimmel Present., Ron Sommer Present Marie Koolstra Present Tom Rulon Absent Judy Yamaguchi Absent Also present: Monica Daniels-Mika, Current Planner; Gloria Dunn, Current Planner, Department of Planning Services; Lee Morrison, Assistant County Attorney; Jeff Stoll, Director, Trevor Jiricek, Supervisor, Weld County Environmental Protection Services; Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on December 7, 1993, was approved, as read. CASE NUMBER: Z-485 APPLICANT: Michael and Pamela Guttersen (Continued from December 7, 1993) . REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. Larry Intermill, representative, explained the proposed 13 lot subdivision will be in a rural setting adjacent to the Town of Kersey. The applicant agrees with the Department of Planning Services' staff recommendation. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bill O'Hare moved to forward Case Number Z-485, Michael and Pamela Guttersen, to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Ron Sommer seconded the motion. C) 110 gt.i Ex luh. +c 9`x011,9 MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING December 21, 1993 Page 2 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes ; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. CASE NUMBER: Revised USR-1012 APPLICANT: Waste Services Corporation REQUEST: Excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 31, and part of the S2 of Section 32 in T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of the Town of Milliken. Bill Hedberg, Vice-President, Waste Management Disposal Services, explained the revised application addresses the excavation plan (buffer property) , the remedial activities that will include closure post/closure, air sparging and a drainage plan (french drain) . The Central Weld Sanitary Landfill consists of 100 acres. The buffer property will be two 30 acre areas that will be used to meet on-site needs. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked the applicant if they were in agreement with the Department of Planning Services' staff recommendation. Bill Hedberg said yes, with the exception of a change agreed upon with Jeff Stoll, Weld County Health Department, to change the decibel level on Development Standard #14 from 70 dB(a) to 80 dB(a) , and omit the word "light" . Ron Sommer moved to amend Development Standard #14, in Revised USR-1012, Waste Services Corporation to 80 dB(a) and omit the word "light" . Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes ; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. Bill O'Hare moved to forward Revised USR-1012, as amended, to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. 9401 .9 SUMMARY OF TPE ':Ers COUNTY PLAN:'_NG COMMISSION MEETING December 7 , 1993 Page µ a. The applicant shall provide a written docume::t to the Weld Count, Health Department from the Colorado Oil .-nd Gas Commission verifying that the facility and well are adequately designee to handle the proposed waste volumes . b. A detailed diagram of the injection well which has been approved and permitted b_v the Oil and Gas Commission shall be submitted to the Wele County Environmental. Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - no. Motion carried. Tom Rulon moved to forward Case Number USR-1033, Conquest Oil Company, as amended, to the Board of County Commissioners with the Planning Commissioners recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes ; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: Z-485 APPLICANT: REQUEST: A Change of Zone from A Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. Monica Daniels-Mika explained the applicant is requesting that Z-485 be continued until December 21, 1993 , at 1:30 p.m. , based on the recommendation of the Department of Planning Services' staff. This will allow the applicant time to adequately prepare for the Planning Commission Meeting, since the Colorado Geological Survey information was received the day before the scheduled Planning Commission meeting. xh/b t C 9110119 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 7, 1993 Page 5 Ron Sommer moved Case Number Z-485, Michael and Pamela Guttersen, be continued until December 21, 1993, to allow the applicant adequate time to prepare based on information received at a late date from the Colorado Geological Survey. Marie Koolstra seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. Site Plan application for Windsor Waste Water Treatment Facility. Dennis Wagner, Director of Public Works, Town of Windsor gave an overview of the existing wastewater treatment facility installed in 1970. They want to increase treatment capacity by installing an area lagoon. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Shirley Camenisch moved the Site Plan application for Windsor Waste Water Treatment Facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Tom Rulon seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: USR-1034 APPLICANT: Steven M. London REQUEST: A Site Specific Development Plan and a Special Review permit for two communication towers over 70 feet in height in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 14, T3N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3/4 miles east of I-25 and 1/4 mile north of Weld County Road 32. Steven London, applicant, explained he holds the highest class amateur radio operation license available. He owns 40 acres and wants to pursue his interest in farming, raising llamas, and amateur radio operation. There is currently one tower on the property and he wants to increase the height and also install G11_9_9 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution 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: Z-485 NAME: Michael and Pamela Guttersen ADDRESS: 26780 Weld County Road 36 La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. 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 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of non- prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Kersey has reviewed this proposal and has no objections to the proposed change of zone. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include the Town of Kersey, a large irrigation ditch, railroad tracks , pasture, native grasses, oil and gas production, and a church. Public water is available from the Central Weld County Water District, and the applicants have proposed utilizing septic systems. Access to the site is from Weld County Road 53, and to the north through the Town of Kersey, according to the application materials . This proposal is acceptable to the Town of Kersey. `?it' f 8 9A011.9 RESOLUTION, Z-485 Michael and Pamela Guttersen Page 2 The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. No overlay districts affect the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities . The Planning Commission's recommendation for approval is conditional upon the following: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. Prior to recording the plat, the following notes shall be placed on the change of zone plat: a. Water service shall be provided by Central Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Kersey. c. The maximum number of lots associated with this change of zone shall be 13, in accordance with the application materials. d. Access to the site shall be from Weld County Road 53 and may also be from the Town of Kersey to the north. e. The on-site oil wells and associated facilities shall be fenced off by the developer, if the mineral interests have not already done so. f. No buildings within the subdivision shall be built within 200 feet of the three on-site oil wells and associated facilities. g. Adequate turnarounds and access roads shall be provided for access to the on-site oil wells and associated facilities. h. Each building site shall have a soils and foundation investigation by a qualified soils and foundation engineer before building permits are issued. i. The developer shall accommodate the right of the Latham Ditch Company to use and maintain the ditch. 9C0O9 RESOLUTION, Z-485 Michael and Pamela Guttersen Page 3 j . The developer shall provide reasonable access to the Kersey water tower. The subdivision plat shall show the access. 2. Prior to recording the rezoning plat, the three on-site oil wells and associated facilities shall be located on the plat. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Bud Clemons Ron Sommer Marie Koolstra Richard Kimmel 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, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 21, 1993. Dated the 2 ecember, 1993. °C)P Sharyn Ruff Secretary 9C0119 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Michael W. and Pamela A. Guttersen Case Number: Z-485 Submitted or Prepared Prior to Hearing At Hearing 1. Application 16 pages X 2. 1 Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Recommendation from Planning Commission to Board of County Commissioners dated December 21, 1993 X 12. Department of Planning Services recommendation of continuance dated December 7, 1993 X 13. Easement agreement between Lower Latham Ditch Co. and Michael and Pamela Guttersen dated December 17, 1993 X 14. Request from Lower Latham Ditch dated December 13, 1993 X 15. Faxed referral response from Colorado Geological Survey dated December 6, 1993 X 16. Referral response from Colorado Geological Survey dated December 6, 1993 X 17. Referral response from Oil and Gas Commission dated December 2, 1993 X 18. Planning Commission member field check X 19. Referral response received November 4, 1993 X 20. Army Corps of Engineers referral response dated November 12, 1993 X 21. Town of Kersey referral response dated November 10, 1993 X Exh�67 L4 94611.9 INVENTORY OF ITEMS Michael W. and Pamela A. Guttersen Z-485 Page 2 22. Public Service referral response dated November 9, 1993 X 23. Weld County Health Department referral response dated November 9, 1993 X 24. Lower Latham Ditch Co. referral response dated November 5, 1993 X 25. Weld County Engineering Department dated November 3, 1993 X 26. Weld County Sheriff's Department referral response dated October 25, 1993 X 27. Planning Commission Recommendation to Board of County Commissioners to continue case dated December 7, 1993 X I hereby certify that the 27 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 December 22, 1993. Greg T mpso , C rent Planner STATE OF COLORADO ) COUNTY OF WELD '_) //��!!�� C'.+I ,/� U SUBSCRIBED AND SWORN TO BEFORE ME THIS ad —lay of I Qt)t i9g3. SEAL `�///��,n`�� }�'�7y'��(11.-rgae NOTARY PUBLI My Commission Expires 4oV ell ) n"L.- . EXHIBIT INVENTORY CONTROL SHEET Case 2 -"elf's l'/IChae.lailvd Lela ait rScro Exhibit Submitted By Exhibit Description /42, A. %/212Ly! tre1 2-D-≥ 4-/-JC),n-4-2 B. /e/4/2m7 LeiY,'M.6,2aC /L L 1-11 ti r/it2',erfn t A:4 e / _ c. /21-fii7l 1,1 L u,2 4z zrrt- c y��,-� �� P��2�c It /O11c3 /.-11.� D. 7c4:4-1?- 12"-- ydea}u,--ty. E. F. G. H. • I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 9'1 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution 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: Z-485 NAME: Michael and Pamela Guttersen ADDRESS: 26780 Weld County Road 36 La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. be continued until December 21, 1993, at 1:30 p.m. , based on the recommendation of the Department of Planning Services' staff. This will allow the applicant time to adequately prepare for the Planning Commission Meeting, since the Colorado Geological Survey information was received the day before the scheduled Planning Commission meeting. Marie Koolstra seconded the motion. VOTE: For Passage Against Passage Ron Sommer Tom Rulon Juliette Kroekel Marie Koolstra Shirley Camenisch Judy Yamaguchi CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 We • County, Colorado, adopted on December 7, 1993. �a' -d the 7 h of Dec-. b r, 993. h-ryn I 'u Secretary 946~19 LAND-USE APPLICATION SUMMARY SHEET Date: December 7, 1993 CASE NUMBER: Z-485 NAME: Michael W. and Pamela A. Guttersen ADDRESS: 26780 Weld County Road 36 La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. SIZE OF PARCEL: 86.74 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. U.S. Army Corps of Engineers. 2. Town of Kersey. 3. Public Service Company of Colorado. 4. Weld County Health Department. 5. Weld County Engineering Department. 6. Lower Latham Ditch Company. 7. Weld County Sheriff' s Office. The Department of Planning Services' staff has not received referral responses from: 1. Colorado Geological Survey. 2. Colorado Oil and Gas Conservation Commission. 3. Platte Valley Fire Protection District. 4. Central Colorado Water Conservancy District. 5. RE-7 School District. The Department of Planning Services' staff has not received any objections from surrounding property owners. 91%11_9 DATE: December 7, 1993 CASE NUMBER: Z-485 NAME: Michael and Pamela Guttersen ADDRESS: 26780 Weld County Road 36, La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54 1/2; adjacent to the Town of Kersey THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED FOR THE FOLLOWING REASONS: The applicant has requested a continuance based on when the Colorado Geological Survey (CGS) referral response was received. Their response was received by the Department of Planning Services Monday morning, December 6, 1993. While the referral indicated CGS has no geology-related objections to the proposed rezone, the applicant felt one day was not enough time to adequately prepare for the Planning Commission meeting. The applicant would like to continue the case until December 21, 1993, which is the next Planning Commission meeting. 91011.9 DATE: December 21, 1993 CASE NUMBER: Z-485 NAME: Michael and Pamela Guttersen ADDRESS: 26780 Weld County Road 36 La Salle, CO 80645 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 21. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary goals and policies. The goals and policies allow for the conversion of non- prime agricultural land to residential use within an urban growth boundary in accordance with the plans of affected municipalities. The Town of Kersey has reviewed this proposal and has no objections to the proposed change of zone. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses which include the Town of Kersey, a large irrigation ditch, railroad tracks, pasture, native grasses, oil and gas production, and a church. Public water is available from the Central Weld County Water District, and the applicants have proposed utilizing septic systems. - Access to the site is from Weld County Road 53, and to the north through the Town of Kersey, according to the application materials. This proposal is acceptable to the Town of Kersey. The proposed rezoning property does not contain a commercial mineral deposit. The Colorado Geological Survey has reviewed the case and determined the minerals located at this site cannot be removed in an economically feasible manner at this time. No overlay districts affect the site. 94',C 119 RECOMMENDATION, Z-485 Michael and Pamela Guttersen Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The rezoning plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. Prior to recording the plat, the following notes shall be placed on the change of zone plat: a. Water service shall be provided by Central Weld County Water District in quantities adequate for the proposed uses and fire protection. b. Sewage disposal may be provided by individual sewage disposal systems or the Town of Kersey. c. The maximum number of lots associated with this change of zone shall be 13, in accordance with the application materials. d. Access to the site shall be from Weld County Road 53 and may also be from the Town of Kersey to the north. e. The on-site oil wells and associated facilities shall be fenced off by the developer, if the mineral interests have not already done so. f. No buildings within the subdivision shall be built within 200 feet of the three on-site oil wells and associated facilities. g. Adequate turnarounds and access roads shall be provided for access to the on-site oil wells and associated facilities. h. Each building site shall have a soils and foundation investigation by a qualified soils and foundation engineer before building permits are issued. i. The developer shall accommodate the right of the Latham Ditch Company to use and maintain the ditch. j . The developer shall provide reasonable access to the Kersey water tower. The subdivision plat shall show the access . 2. Prior to recording the rezoning plat, the three on-site oil wells and associated facilities shall be located on the plat. 9,x0119 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly mc►/orlCt14ys qtr, sworn,say that I am publisher of i t rpN: East of Weld Ceenty Road 53 WINDSOR BEACON The Weld County and smith Of Weld Planning Commission County Road 54.1/2, will hold a public hewing- Sent to the Town of a weekly newspaper having a general circulation in said on Tuesday,December Kersey. County and State, published in the town of WINDSOR, 1993,at tos p.m.for purpose of SIZE:88.74 open,more in said County and State; and that the notice, of which the " considering a Change of or less• the annexed is a true copy, has been published in said Zone for the property weekly for_ _successive weeks, that the notice described below. The public hearing will Apprw,ef of the request be held in the Weld was published in the regular and entire issue of every may create a vested Climb Commissioners' number of the paper during the period and time of property right pursuant Hearing Room, First publication, and in the newspaper proper and not in a to council: n -Floor, Weld County supplement, and that the first publication of said notice Centennial Canter,915 APPLICANT: Michael Tenth Street,Greeley, was in said paper bearing the date of the W. and Pamela A. Colorarb>Comments or Gunmen objections related to the day of 7) fie n—fit , A.D., 19 V and above request should LEGAL DESCRIPTION: be submitted in writing the last publication bearing the date of the Part of the SW4 of to the Weld County Section 21,T5N, R94W Depertmentof Manning day of A.D., 19_ and of the 8th P.M., Weld Services, 1400 N. 17th that the said WINDSOR BEACON has beenpublished County,Colorado. Avenue, Greeley, P Colorado 80831, continuously and uninterruptedly for the period of 5 TYPE AND INTENSITY bekre the abtwe date or consecutive weeks,in said County and State, prior to the OF PROPOSED USE: presented at the public date of first publication of said notice, and the same is a Cha Zo(Agriceultu al)te to om A title on December 7, newspaper within'the meaning of an Act to regulate (Agricultural) E (Estate). • printing of legal notices an advertisements, approved Copies of the May 18, 1931,and all prior cts ar as in force. for pcatioe w available / for inspection In . the Department of Planning Services,1400 _ N. 17th Avenue, r ` P USHER eley, Colorado t -Phone - 353- e4 Extension 3540. Su ' d and s}�'ant to before me this day norYamaguchi, of swrc.-K-t�� 19r EHlsorson, Weld //n,, a /L, CISS t. Planning XUh44 O� ,Y�1—+0 NOTARY PUBLIC PuWindsor In the qq7 2 /99� November Beacon on My commission expires /`I.�" November e,1999. D 4ri • NOV 3 0 1993 Wplii rounty Planning 91.01 x_9 DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WI p WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N 17TH AVENUE GREELEY, (t-ORAURADO 80631631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 7, 1993, at 1:30 p.m. for the purpose of considering a Change of Zone for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Michael W. and Pamela A. Guttersen LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Change of Zone from A (Agricultural) to E (Estate) . LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. SIZE: 86.74 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 7, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor B-:con To be published . - (1) time • •ve ber 4, 1993. Received b i Date: / CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Z-485 for Michael W. and Pamela A. Guttersen in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 1st day of November, 1993. 9•.0`UL9 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140UE C. EY, N. ORA O8 631 GREELEY, COLORAD080631 COLORADO DATE: October 25, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-485 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 7, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Michael W. and Pamela A. Guttersen FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 3/1-0`;.1.9 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Michael W. and Pamela A. Guttersen Z-485 Mary and Kevin Chestnut 27275 Weld County Road 52 Kersey, CO 80644 Town of Kersey P.O. Box 67 Kersey, CO 80644 Roland Wells 9100 Rogers Road Longmont, CO 80503 Manuel and Prajedes Eggert and Wilbur Eggert 2810 Lake Valley Drive Garland, TX 75040 William and Eva McIntosh 800 S. 1st Street, No. 23 Kersey, CO 80644 Lifestyle Homes, Inc. P.O. Box 519 Greeley, CO 80632 L. Gail Triplett 743 S. Street Court Kersey, CO 80644 Scott and Kathryn Jones 749 3rd Street Court Kersey, CO 80644 Leobardo and Maria Haro 755 3rd Street Court Kersey, CO 80644 Keith and Martha Cosson 761 3rd Street Court Kersey, CO 80644 94011.9 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Michael W. and Pamela A. Guttersen Z-485, Page 2 Jeffrey Tiell P.O. Box 526 Kersey, CO 80644 McComb Realty Service, Inc. 928 13th Street Greeley, CO 80631 Edward and Sheila Steffens P.O. Box 455 Kersey, CO 80644 Marian Scheller P.O. Box 86 Kersey, CO 80644 Calvin Hanscome 26174 Weld County Road 42 Kersey, CO 80644 Joseph and Joyce Miller P.O. Box 476 Kersey, CO 80644-0476 Charles Casselman P.O. Box 41 Kersey, CO 80644-0041 Richard and Karen Schwartz P.O. Box 554 Kersey, CO 80644 Joyce and Gary Mount P.O. Box 74 Kersey, CO 80644-0074 Darwin Brug 25893 Sandy Knolls Blvd Kersey, CO 80644 Alan Chittenden 743 2nd Street Court Kersey, CO 80644 9'01.19 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Michael W. and Pamela A. Guttersen Z-485, Page 3 James and Joyce Hendricks P.O. Box 66 Kersey, CO 80644 Robert and Debra Werner 755 2nd Street Court Kersey, CO 80644 Robert and Barbara Hoff 25654 Sandy Knolls Blvd Kersey, CO 80644 Kersey Community Church P.O. Box 158 Kersey, CO 80644 John and Linda Pfleiderer 25900 Sandy Knolls Blvd Kersey, CO 80644 Pable and Virginia Rodriguez 25970 Sandy Knolls Blvd Kersey, CO 80644-0543 Walter and Mildred Schlagel 26256 Sandy Knolls Place Kersey, CO 80644 William and Eva Sheets 26421 Weld County Road 58 Kersey, CO 80644 Helen Guffy P.O. Box 403 Kersey, CO 80644-0403 E. Richard and Linda Churchill 25890 Weld County Road 53 Kersey, CO 80644 Mary and Kevin Chesnut 27275 Weld County Road 52 Kersey, CO 80644 94 0119 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Michael W. and Pamela A. Guttersen Z-485, Page 5 George and Jennyrae Ottenhoff 25957 Weld County Road 53 Kersey, CO 80644 Benson Mineral Group, Inc. 1560 Broadway, Suite 1900 Denver, CO 80202 John R. Wallace 718 17th Street, Suite 808 Denver, CO 80202 James D. Brownlie 718 17th Street, Suite 808 Denver, CO 80202 Charles B. Greene 718 17th Street, Suite 808 Denver, CO 80202 Kenneth A. Breitenbach 718 17th Street, Suite 808 Denver, CO 80202 P&P Holdings, Inc. - Lessee 600 West Illinois, Suite 103 Midland, TX 79701 9eE3f -9 4(Ciftt- 1 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WI ® WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO October 25, 7993 ' Michael W. and Pamela A. Guttersen 26780 Weld County Road 36 LaSalle, CO 80645 Subject: Z-485 - Request for a Change of Zone from A (Agricultural) to E (Estate) on a parcel of land described as part of the 5W4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Guttersen: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for December 7 , 1993, at 1: 30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Kersey Planning Commission for its review and comments. Please call Marlene Hookom at 353-1681 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to November 24, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than November 26, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right- of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 94011.9 Michael W. and Pamela A. Guttersen October 25 , 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours -before the scheduled__hearing:_ It _is the - -- responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Greg Jompson Current Planner GT/sfr 9el0 X1.9 REFERRAL LIST NAME: Michael and Pamela Guttersen CASE NUMBER: Z-485 REFERRALS SENT: October 25, 1993 REFERRALS TO BE RECEIVED BY: November 8, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _ _ Broomfield Emergency Management Office ____Dacono —R--Sheriff's Office ____Eaton X Engineering Erie _Housing Authority ____Evans _Airport Authority ____Firestone Building Inspection ____Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest X Geological Survey Greeley _Department of Health _Grover _Department of Transportation _Hudson Historical Society Johnstown _ Water Conservation Board 71—Kersey _ X Oil and Gas Conservation Commission X Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont Berthoud F-2 Mead _ Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 Pierce Hudson F-7 _Platteville Johnstown F-8 _ _ Severance La Salle F-9 ____Thornton _Mountain View F-10 ____Windsor Milliken F-11 Nunn F-12 COUNTIES _ Pawnee F-22 ____Adams _Platteville F-13 _Boulder X Platte Valley F-14 ____Larimer Poudre Valley F-15 _ _Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers _ _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. _ _ Fort Collins Tri-Area Planning Commission Greeley --R--Latham Ditch _Longmont X RE-7 School District West Adams X QJ\)\Ae-- i>truicfi- COMMISSION/BOARD MEMBER X Bill O'Hare 9'7011,9 DEPARTMENT OF PLANNING SERVICES IDPHONE(303)353M45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES O1400 N 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 3 C ,�_dZ.9 tis Aive (7-- �_. h DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 ilie WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE LD Fee t r E GREELEY, COLORADO 80631 • COLORADO OCT 2 8 t993 11 C3 YYeldCauniyPlenui%SE NUMBER: Z-485 Date: October 25, 1993 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. �/ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. e refer to the enclosed letter. Signed: Agency: tSIE11I PP Date: 940 . 9 :II. \I . p DEPARTMENT OF PLANNING SERVICES PHONE (303)353-a345, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES II i 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 COLORADO RECEIVED OCT 2 5 1993 Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Cuttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, TSN, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. er Signed: kp l.d� ��G Agency: � " "" " 1Z44 O_0L 't Date: II-4; ^ y3 e mEmoRAnDum Plan Thompson To Planning Date November 3, 1993 COLORADO From Donald Carroll M> Subject: Michael W. and Pamela A. Guttersen Z-485 On November 2, 1993, I visited the site on WCR 53 just south of Kersey at the edge of the city limits. The site is undeveloped at this particular time with three oil tank batteries located on the site. See vicinity and land use map to verify locations. The accesses on the east side of WCR 53 are direct accesses. I did not see any culvert accesses in this area. I am looking at the conceptual plan, the very last page of the application. The applicant is indicating two cul-de-sacs and an additional access to the north. It appears that they are tapping into an existing street leading into the city limits of Kersey next to the water tower. Does the applicant have permission to attach to this existing Kersey street? Also, I'm not sure of the distance on Lot #1 to locate the exact placing of the entrance into the proposed subdivision. There is a slight hill to the north. I believe there is enough sight distance but would like a dimension to verify this. cc: Commissioner Baxter File Z-485 NOV CI 41993 DC/pds:mgreg4 ihreIdCAIU P�BM' 9110119 • a 6:4 ‘41' AIR% D E C I VE DEPARTMENT OF PLANNING SERVICES PHONE (303)353345, EXT. 3540 NOV O 9 ;99 WELD COUNTY ADMINISTRATIVE OFFICES J EY, O ORAAVENUEO631 lige . GREELEY, COLORADOSC631 Weld CauMy planning COLORADO a T CASE-'NUMBER. Z 85 "` Date: October -25, 1993 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. v/Please refer o the enclosed letter. Signed: / Agency: de�/i"° Date: /1/5"--/43 91'Wi$ � LOWER LATHAM DITCH CO. P.O. BOX 398 KERSEY, CO 80644 November 5 , 1993 Dept . of Planning Services Weld County 1400 N. 17th Ave . Greeley, CO 80631 RE: Zoning Change - - Case No. Z-485 The Lower Latham Ditch Co. would request that the application for change of zone from Mike and Pamela Guttersen be granted with the following stipulations: A. Future buildings, fences or other developments to the land be kept a minimum of fifty feet from the ditch bank of the Lower Latham canal . This will allow the company ingress and egress to maintain the ditch. Maintenance of the ditch could include, but not be limited to , removal of silt from the ditch, placement of rip-rap along the inside edge of the ditch to check erosion and burning of vegetation from the ditch. B. A drainage plan be adopted that would control the amount of runoff water from the property entering the ditch at any one time and entry of this runoff water would not erode the bank of the ditch. A small retention pond with a pipe into the ditch is utilized by the sub-division adjacent to the Gutterson property. This has been adequate over the years to protect the ditch from large discharges into the ditch in a short amount of time. We appreciate the opportunity to respond in your planning efforts. Please contact me if you have further questions . Jim Park C;74— G:)Ct.'"1*".1e- President , Lower Latham Ditch Co . NOV 0 9 1993 'Meld County—P-1 91C1.1_9 annin (T1 et 4 �,,,,,,,,,,.�, PARTMENT OF PLANNING SERVICES r"` • ., / ]2' PHONE(303)353-M45, EXT. 3540 ----? y( WELD COUNTY ADMINISTRATIVE OFFICES 1 r p O^f ^ e ��q�� 1400 N. 17TH AVENUE ® ;t' y, L U 991 GREELEY, COLORADO 80631 )4 • 7� COLORADO ,., uu richLi fl L.L_r Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosedletter. Signedy` / 2 r C� (v Agency: Date: 5 t. Q £C itr ✓✓✓ 993 1 NOV 1 0 1 \\ Meld roSY P1epnl$ 941.1 _9 • CI DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 I I WELD COUNTY ADMINISTRATIVE OFFICES .ps gk ;. 1400 N. 17TH AVENUE '7� --`^ GREELEY, COLORADO 80631 COLORADO Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. / We have reviewed the request and find no conflicts with our interests. eQy ,„, cle tm'c trarcr.,ts.s,'on (r. as t000 Volls obore. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: W).ele:..._ rcrae,- Agency: /p061,, SorV,Le t lonac@m Date: IIRI TZ , [] , „I— c�I NOV 1 0 1993 i 'veld rounty Planning 34: 119 46t DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3945, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES lige GREELEY,140 ON ORA O AVENUE COLORADO AVENU COLORADO . —e•��c-._.ca_-;s„ova �#.:::au. , &' y+:4+T...Y'.Cr tree".+, ,'T �..�A.E-'mps -v-�`14 C-N. ..te e-..--. ..r _;.-. .....v.. r....-. ..r.-._. .tee--^.-�.. Date: f.. .. .. , Date: October 25 , "1993 CASE NUMBER. Z-485` TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. X We have reviewed this request and find that it Cdt.pyU does/does not) comply�. with our Comprehensive Plan for the following reasons. U/ 1!N I . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas re er to the enclosed letter. //cw Signed: 044/ Agency: t- a 1- grace/S-e/ Date: )( 49 ' 3 rvi2171.1993 weld County Pinning 9610119 wNT oF, DEPARTMENT OF THE ARMY 4// \1IrV4 CORPS OF ENGINEERS,OMAHA DISTRICT ai; TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 IQ p; LITTLETON,COLORADO 80123-&901 • � �` REPLY TO STATE-0.;P`/ ATTENTION OF November 12, 1993 O Y,� q.q. M Mr. Greg Thompson Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Thompson: This concerns Michael W. and Pamela A. Guttersen's application for a Change of Zone from A (Agricultural) to E (Estate). This land is located in Section 21, Township 5 North, Range 64 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. Reference is made to a November 3, 1993 wetlands determination conducted by Mr. Terry McKee of this office. During Mr. McKee's site visit, it was found that no wetlands exist at this site. This letter is to inform you that the proposed activity, assigned number 199380702, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any further questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Timot T, Carey Project ager — o E NOV 1 5 1993 11 wnM rncnty Planning a x ' 4 FIELD CHECK FILING NUMBER: Z-485 DATE OF INSPECTION: October 29, 1993 APPLICANT'S NAME: Michael and Pamela Guttersen REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54 1/2, adjacent to the Town of Kersey. LAND USE: N Town of Kersey, water tower, mobile home park, railroad tracks, single family dwellings, large ditch E Pasture, native grasses, Latham ditch S Oil and gas production, rural residences, pasture, native grasses W Church, pasture, oil and gas production, rural residence. ZONING: N Town of Kersey E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Property is presently in grasses and pasture, with three oil and gas processing sites. Power poles and wire on the south portion of property. Oil and gas lease road presently on the property. Property served by paved Weld County Road 53. There appears to be wetlands in the eastern portion of the property. Greg Tho son Par Current lanner 92011.9 (i;:\_\ RECL , ED 0CT 2 j 1993 DEPARTMENT OF PLANNING SERVICES PHONE (303)353- 45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES • 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 • COLORADO Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8 , 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the . following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. P1 se er to the enclosed letter. Signed: �j Agency: n T Date: / 0 E NOV 0 4 1993 Weld County Planning 94 011_" FIELD CHECK FILING NUMBER: Z-485 DATE OF INSPECTION: APPLICANT'S NAME: Michael W. and Pamela A. Guttersen CURRENT PLANNER: Greg Thompson REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. J/ LAND USE: N f/C�r Sa`J/C'/v,}, d',, s �1 11 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: o ECFg!I NOV 0 4 1993 Weld County planning J • ( �� oi DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-a145, EXT. 3540 r *. �•'^ WELD COUNTY ADMINISTRATIVE OFFICES € 2 1g`33 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO Date: October 25, 1993 CASE NUMBER: Z-485 TO WHOM IT MAY CONCERN: Enclosed is an application from Michael W. and Pamela A. Guttersen for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 53 and south of Weld County Road 54-1/2, adjacent to the Town of Kersey. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 8, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. D Signed: 44 Agency: Co oRaob OIL GA, Coms, Comm . Date: DEC 0 2 1993 D DI o nqr DEC 0 6 1993 ' I WPM tenuity Planning 9019 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES Acting Director SUITE 380 LOGAN TOWER BUILDING PATRICIA BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor December 2, 1993 Greg Thompson Weld County Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Mr. Thompson: Case Z-485 has been reviewed by this office. There are three recently drilled and currently producing oil wells on the property along with their attendant production separators and storage tanks. The wells are located at 1407' FSL, 1884' FWL; 660' FSL, 1978' FWL; and 813' FSL, 465' FWL. We recommend that the locations of the wells and facilities be incorporated into the final plat and that building envelopes be specified on the proximate lots such that a minimum of 200 feet of set back is effected. It is also necessary to assure proper turnarounds and access roads are provided for within the confines of the application. At such time as development is set to begin, we will require that these sites be fenced to prevent unauthorized access, if the sites are not already fenced. If you have any further questions please contact me at the above address or phone number. Sincerely yours, O v Robert J. Van Sickle Petroleum Engineer D DEC-0-6- EC06 1993 11 ',we!nut Planning 940` .1..9 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY woe c<\ Division of Minerals and Geology Few Department of Natural Resources 1313 Sherman Street, Rm. 715 t iets+`„ Denver,Colorado 80203 Phone(303)866-2611 FAX(303)866-2461 Roy Romer Governor Ken Salazar fit^ Executive Director RTir-' Michael B.Long t„/1 Division Director Vicki Cowart DEC 1 3 1993 State Geologist and Director Weld County Planning December 6, 1993 WE-94-0008 Mr. Greg Thompson Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposed Guttersen Subdivision -- Contiguous to and south of Kersey, Weld County Dear Mr. Thompson: At your request and in accordance with S.B. 35 (1972), we have reviewed the materials submitted for and made a field inspection on November 15, 1993, of the site of the proposed residential subdivision referenced above. The following comments summarize our findings. Generally, we have no geology-related objections whatsover to the proposal as planned. However, some precautions related to soils and drainage conditions should be considered. The sandy soils that underlie the site are prone to settlement if heavily loaded. We therefore recommend that each building site have a soils and foundation investigation conducted by a qualified soils and foundation engineer. He should collaborate with the architect(s) for the individual houses and then select the most appropriate foundation design(s) for the them. These sandy soils are mostly free draining. Where low permeability clayey zones, if any, are encountered at depth, it is likely that a perched-water-table condition could exist of form after subdivision completion. The existing mobile home park immediately to the north of this area exhibits relatively poor surface drainage and could contribute to surface and subsurface drainage problems in the new subdivision. We recommend that a qualified drainage engineer study both parcels and then design a drainage-control plan which will be adequate to ensure reasonable drainage control in the new subdivision and in the mobile- home park. sC a, Mr. Greg Thompson December 6, 1993 Page 2 It is not shown in the submitted materials how access to the three existing oil wells on the property is to be maintained. It appears as if it will be possible to do this considering the sizes of the lots, but potential lot purchasers should be aware of the mineral-estate owners' rights to access and exploit their resources. Leakage from the Latham Ditch may contribute to shallow ground-water table(s) in the subdivision. If this condition proves to be especially troublesome in the future, then it may prove prudent to minimize leakage effects. There was about 5 in. of snow cover at the time of site visit. I will revisit the parcel as soon as possible when snow depth is less for a reevaluation of our present recommendations. Some of our comments are based, in part, on prior experiences in the area. Sincerely, mes M. Soule Engineering Geologist GE0L0GICAL_SURVEY TEL No .3038662461 Dec 6 ,93 11 :22 No .005 P .01 _ STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology •'' Depanment of Natural Re$cvrce5 �� i 1313 Sherman Street,Rm.715 • Denver,Colorado 80203 Phone(303)866-2611N0Y j FAX 0031866-2461 0 ME C EtW ThE j Gnvernor[:nKrnor Yarn Salazar DEC 0 1993 L&«,aivB.thug ANNunol B.long Division birtxtor Vicki Cowart Weld County Planning State Ceolugist and Manor December 6, 1993 WE-94-0008 • Mr. Greg Thompson Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposed Guttersen Subdivision -- Contiguous to and south of Kersey, Weld County Dear Mr. Thompson: At your request and in accordance with S.B. 35 (1972), we have reviewed the materials submitted for and made a field inspection on November 15, 1993,of the site of the proposed residential subdivision referenced above. The following comments summarize our findings. Generally, we have nu geology-related objections whatsover to the proposal as planned. Ilowever, some precautions related to soils and drainage conditions should be considered. The sandy soils that underlie the site are prone to settlement if heavily loaded. We therefore recommend that each building site have a soils and foundation investigation conducted by a qualified soils and foundation engineer.lie should collaborate with the architect(s)for the individual houses and then select the most appropriate foundation design(s) for the them. These sandy soils are mostly free draining. Where low permeability clayey zones, if any, are encountered at depth, it is likely that a perched-water-table condition could exist of form after subdivision completion. The existing mobile home park immediately to the north of this area exhibits relatively poor surface drainage and could contribute to surface and subsurface drainage problems in the new subdivision. We recommend that a qualified drainage engineer study both parcels and then design a drainage-control plan which will be adequate to ensure reasonable drainage control in the new subdivision and in the mobile- home park. DEC 6 '93 1126 3038662461 PAGE.001 911C1.1.3 g A.I.3 GE0L0GICRL_SURVEY TEL No .3038662461 Dec 6 ,93 11 :22 No .005 P .02 Mr, Greg Thompson • December 6, 1993 Page 2 It is not shown in the submitted materials how access to the three existing oil wells on the property is to be maintained. It appears as if it will be possible to do this considering the sizes of the lots, but potential lot purchasers should be aware of the mineral-estate owners' rights to access and exploit their resources. Leakage from the Latham Ditch may contribute to shallow ground-water table(s) in the subdivision. If this condition proves to he especially troublesome in the future, then it may prove prudent to minimize leakage effects. There was about S in. of snow cover at the time of site visit. 1 will revisit the parcel as soon as possible when snow depth is less for a reevaluation of our present recommendations, Some of our comments are based, in part, on prior experiences in the area. Sincerely, mes M. tile Engineering Geologist DEC 6 '93 1127 3038662461 PRGE.002 910119 LOWER LATHAM DITCH CO. P.O. BOX 398 KERSEY, CO 80644 December 13 , 1993 Dept . of Planning Services Weld County 1400 N. 17th Ave Greeley , CO 80631 RE : Zoning Change - - Case No . Z-485 (Guttersen ) As a follow up to our letter of November 5 , 1993 , the Lower Latham Ditch Company would request the Planning Commission to note on the final plat of this zoning change : 1 . The ditch has been in existance since 1878 and bisects the property on the NE and SE corners of the tract . 2 . Potential buyers of this tract must be aware that inherant rights of ingress/egress accompany the ditch' s existance on the tract . 3 . In the absence of a recorded easement , State law grants ditch companies the right to operate and maintain their ditches through prescriptive use . Please contact me if you have furt^her] questions . i Jim Park C�� President , Lower Latham Ditch Co . o E c,E,zvE DEC 16 1993 fi Weld County Planning 94.0 1 .2 REZONING APPLICATION Case # 2-- 1115C Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: 915 10th Street App. Fee: 9`CQ� Receipt #: 13.57(t9 Greeley, Colorado 80631 Record. Fee Receipt #: 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 are Weld County, Colorado: LEGAL DESCRIPTION: D See Attached Legal OCT 2 p Isis Weld count,Magna (If additional space is required, attach an additional sheet) Property Address (if available) : N/A PRESENT ZONE Agri nil turf PROPOSED ZONE F.ctai-e TOTAL ACREAGE 86 . 74± Ac. OVERLAY ZONES Wilk SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Michael W. & Pamela A. Guttersen Home Telephone #: 284-6241 Address: 26780 WCR 36 Bus. Telephone #: 284-5002 LaSalle, CO 80645 Name: Home Telephone 1l: Address: Bus. Telephone #: Name: Home Telephone j/: Address: Bus. Telephone 1/: Applicant or Authorized Agent (if different than above) : Name: same as above Home Telephone f: Address: Bus. Telephone #: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: See attached mineral rights list Address: Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) i nature: Owner or Authorized Agent ,`kp llbP d and sworn to before me this 1-6 day of Oc , 19 7 Z . SEAL I/ JODEE L. g, t�aJ `o '. KADOUS N ARY PUBLIC J.9. My 9.9710 on expires: - 7 l IF OF co‘-' 9z 1C11_9 I?_9 PROPERTY DESCRIPTION: A parcel of land located in the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P.M. , in the County of Weld, State of Colorado being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 21 as bearing North 00°06' 35" West and with all bearings contained herein relative ,thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 21 ; thence along the West line of said Southwest Quarter South 00°06' 35" East 1150.62 feet to the Southwest corner of Elder Second Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception No. 1567017 records of 'said County; said Southwest corner being the True Point of Beginning; thence along the South line of said Elder Second Addition North 89°55' 50" East 794. 12 feet to the Northwest corner of that certain parcel of land as described in deed recorded in Book 824 at Reception No. 1746422 records of said County; thence along the Westerly, Southerly and Easterly lines of said Book 824 at Reception No. 1746422 the following 3 courses and distances: South 01°04' 10" East 300.00 feet ; North 89°55'50" East 580.80 feet ; North 01°04' 10" West 300.00 feet to a point on the Southerly line of Elder First Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception Number 1567016 records of said County; thence along the Southerly line and Easterly prolongation of saidSautherlyline of said Elder First Addition North 89°55' 50" East 1287.63 feet to a point on the East line of said Southwest Quarter; thence along said East line South 00°28 '03" East 1468. 18 feet to the Southeast corner of said Southwest Quarter; thence along the South line of said Southwest Quarter South 89°20' 13" West 2671 . 84 feet to the Southwest corner of said Southwest Quarter; thence along the West line of said Southwest Quarter North 00°06' 35" West 1495. 83 feet to the TRUE POINT OF BEGINNING. Said parcel contains 86. 74 acres , more or less, and is subject to all existing easements and/or rights of way of record. ..cWafratjty4Deed — THIS DEED is a conveys, t the real property described below, Including any improvemen. ,1st other appurtenances (the property')from the indlvldual(s),corporation(s),partnership(s),or ether entity(lee)named below as GRANTOR to the Individual(a) or entily(iee)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the fill*to the property,except for (I)the Ilan of the general property taxes for the year of this deed,which the GRANTEE will pay (2)any easements and rightsob D.F. way shown of record (3)any patent reservations and exceptions (4)any outstanding mineral Interests shown of record (6)any protec. .5.00 live covenants and restrictions shown of record (6)any additional manes shown below under"Additional Warranty Exceptions•'.and (7)subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: (Give names)and stele)of cadence.if to epees.of the Owner-grantor is Joining In this Dead to release homestead rights,identity 'remora as husband end wile.) LLOYD E. ELDER AND MARGARET J. ELDER Grantee: (Give name(s) and address*);statement of address,Inaiumng available road or street number,is required) MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN Form et Ce-Ownership: of there ere two or more grantees named,they will be considered to Mite ea Rename in common unless the words"In joint tenancy"or words or the same meaning are added in Me epee below) JOINT TENANTS Property Description: (include county and state.) SEE ATTACHED EXHIBIT A Property Address: VACANT N COLORADO Consideration: (The statement of a dollar amount is optional,adequate conelderetion for that deed will be presumed unieae this conveyance is Idem tilled as a aM. In any case Ina conveyance Is abemMla,final end unconditional.) A. Reeefvedona•Reetnettons: (lithe GRANTOR inane to reserve any internal In the propeny or to Convey Ian than he owns,or II the GRANTOR is resifting the GRANTEE'S rani In the properly,make appropriate indication) Additional Warranty Exceptions: (include deeds of Mat being tamed and other manes not covered above.) Executed by the Grenloron JUNE 4, 1993 YSignature for tnlvtduai(e); Signature for Corporation.Partnership or Aaeoolslion: Name o,Grunion Corporation,Partnership or Association LLOYD E. ELDER Grantor By /. 1 Grantor Grantor Attest: STATE OF COLORADO WELD fee COUNTY OF mapLwe yqqtred�sd,paSvpua 4th JUNE 1993 ay«� astry rlUtke0P1mI PIH1{lnH a ,�Is ELDER day of WITNESS my hand and official aal. My commission expires: AUGUST 25, 1995 Notary Public STATE OF tee 1221 8TH AVE., GREELEY, CO. COUNTY OF The foregoing Instrument was acknowledged before me this day of By ('name Individual Grantor(s)or II Grantor Is Corporation,Partnership or Msocblbn,then Identity signer,as president or vies president and secretary or aaiatant sedentary of corporation:or as partner(s)of partnership;or es authorised member(*)of assocation,) WITNESS my hand and official seal. My oommlaalan esplu.; Notify Public iMloel UPDATE LEGAL FORMS WCTC No,201 JUN 14 '93 10:08 GUTTERSEN RANCH 303284525E TO: P02 EXHIBIT A TO WARRANTY DEED DATED: JUNE 4, 1993 GRANTOR: LLOYD E. ELDER AND MARGARET J. ELDER GRANTEE: MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, LYING SOUTH OF THE LATHAM DITCH; EXCEPTING THEREFROM THOSE PARCELS DESCRIBED AS ELDEq.FIRST ADDITION AND ELDER SECOND ADDITION AS PER MAPS RECORDED MAY 5, 1971 IN BitMaligifFaxgReit@PrITONM • , RESPECTIVELY; ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE TOWN OF KERSEY BY DEED RECORDED MARCH 6, 1978 IN Bliiiit—e***SWOOPC4filiatleambOTINCOSHICH PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 21, AND CONSIDERING THE WEST LINE OF SAID SECTION 21 AS BEARING SOUTH 00 06'35" EASE, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00 06'35" EAST, ALONG SAID WEST LINE, 1150.62 FEET; THENCE NORTH 89 55'50" EAST 794.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°55'50'1 EAST, 580.80 FEET; THENCE SOUTH 01"04' 10 EAST, 300.00 FEET; THENCE SOUTH 89°55'50" WEST, 580.80 FEET; THENCE NORTH 01°04' 10" WEST, 300.00 FEET TO THE TRUE POINT OF BEGINNING. 3 E3r4ci October 4, 1993 Weld County Department of Planning 1400 17th Avenue Greeley, CO 80631 To Whom It May Concern; Please find hereafter supporting written material for the Rezoning Procedure as outlined in Section 21 .7 et seq. of the Weld County Zoning Ordinance. 21 .7 . 4 . 3 This proposal is well within the Urban Growth Area of the Town of Kersey per the Weld County Urban Growth Boundary Map. The Weld County Comprehensive Plan states under Urban Growth Boundary Policies that, "land use development proposals within an urban growth boundary shall be encouraged so long as they conform to the desires of the municipality as expressed in its comprehensive plan or by its land-use decision making body" . Under Estate District Zoning, this proposal would be ideal in providing for compatability between agricultural and residential zoning. 21 .7 .4 .4 See above statement (21 .7 .4 .3 ) 21 .7 .4 .5 Per the Weld County Zoning Ordinance, Section 36 . 1 , "the Estate District is intended to provide the present and future residents of Weld County with areas in which to locate and establish residential land uses that are compatible with residential areas" . Our client is intending to create buildable acreage lots to facilitate a rural lifestyle and at the same time maintain a compatibility between rural and urban growth. The primary land use surrounding the proposed Estate rezoning is of three types; agriculture, acreage size low density rural development, and MHP ( "mobile home park" per Town of Kersey zoning map) . Per the Kersey Comprehensive Plan, the town has futuristically reserved this proposed site for Residential Low Density zoning. We believe that by proposing an acreage size development we can achieve an acceptable compatibility between MHP, low residential, and rural agricultural living. 21 .7 .4 .6 Please see attached water statement letter from Central Weld Water District. The proposed site will utilize on site septic systems installed per Weld County ISDS regulations . Per the Soils Conservation Service this site should be more than adequate to facilitate septic systems . PAGE 2 21 .7 .4 .7 Per the soil survey of Weld County (Southern part) prepared by the Soil Conservation Service, the proposed site falls within three soil classifications. Approximately 85% of the site falls within the Valent sand soil classification. Generally, you will find 0 to 3 percent slopes with this deep excessively drained soil. This soil has fair potential for urban development. The primary limiting soil features are the rapid permeability and the susceptibility to soil blowing. Septic tank absorption fields function properly along with building site development having only slight limitations. Approximately 10% of the site falls within the Valent sand soil classification having 3 to 9 percent slopes . This soil has the same characteristics and limitations as the above mentioned Valent sand (0 to 3 percent slopes ) . The remaining 5 percent of the site falls within the Aquolls and Aquepts soil classification. This nearly level map unit is in depressions in smooth plains and along the bottoms of natural drainageways . This soil has severe limitations and is not recommended for urban development. On this particular site, this map unit is located along the Latham Ditch situated on the most Easterly edge of the property. This severe limiting soil, as stated above, consumes approximately 5 percent of the property and will be considered as a "non-prime" building site. Therefore, this particular soil can and will be avoided when it concerns all phases of urban development. 21 .7 .4 .8 Weld County Road 53 will provide primary access and circulation to and from the proposed site. This is a paved road and serves as the primary Southern entrance and exit to the Town of Kersey. County road 53 appears to be more than capable of accomodating the minor increase in vehicular traffic created by this proposal. 21 .7 .4 .9 Per the Weld County Sand and Gravel Resource Map, the proposed site appears to be classified as a T3 resource which falls under fine aggregates . 21 .7 .4 . 10 Per Weld County maps, the proposed site is not located within an Overlay District. (Flood, Airport or Geological ) . 9fC? 19 alVi CENTRAL WELD COUNTY WATER DISTRICT October 7, 1993 Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, CO 80537 RE: Water Service to Guttersen Property Dear Sir: This letter is in response to a request for water service to serve the following property described as follows: SEE ATTACHED LEGAL DESCRITPION: Water service can be made available to the above described property provided all requirements of the District are satisfied, including easements where required for District facilities. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT nW. Zade General Manager JWZ/caa ain 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager s j �. . _,.. Inte-mill Land Survey!ng -Registered in Colorado& Wyoming 1301 N. Cleveland Ave. Loveland, Colorado 80537 (303)-669-0516 MICHAEL W. & PAMELA A. GUTTERSEN LEGAL DESCRIPTION: That portion of the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th Principal Meridian in the County of Weld, State of Colorado being more particularly described as follows: Considering the West line of the Southwest Quarter of --said Section 21 as bearing North 00°06' 35" West and with all bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 21 ; thence along the West line of said Southwest Quarter South 00°06'35" East 1150.62 feet to the Southwest corner of Elder Second Addition to the Town of Kersey , Colorado as recorded in Book 645 at Reception No. 1567017 records of said County; said Southwest corner being the True Point of Beginning; thence along the South line of said Elder Second Addition North 89°55' 50" East 794. 12 feet to the Northwest corner of that certain parcel of land as described in deed recorded in Book 824 at Reception No. 1746422 records of said County; thence along the Westerly, Southerly and Easterly lines of said Book 824 at Reception No. 1746422 the following 3 courses and distances : South 01°04' 10" East 300.00 feet; North 89°55' 50" East 580.80 feet ; North 01°04' 10" West 300.00 feet to a point on the Southerly line of Elder First Addition to the Town of Kersey , Colorado as recorded in Book 645 at Reception Number 1567016 records of said County; thence along the Southerly line and Easterly prolongation of said Southerlylire of said Elder First Addition North 89°55' 50" East 1287 .63 feet to a point on the East line of said Southwest Quarter; thence along said East line South 00°28 ' 03" East 1468. 18 feet to the Southeast corner of said Southwest Quarter; thence along the South line of said Southwest Quarter South 89°20' 13" West 2671 .84 feet to the Southwest corner of said Southwest Quarter; thence along the West line of said Southwest Quarter North 00°06' 35" West 1495. 83 feet to the TRUE POINT OF BEGINNING; Said parceL. contains 86. 74 Acres, more or less , and is ,subject to all existing, easements and/or rights of way of record. • • %a , ' k' J I.. ' 0 U I- 1.01 a CS .----------:-------..„...--- ---...:.----N.\"•••..\ 0= z r... o< /7 ¢ ~ i s (7 N U7 aJ z- y;Es W Q'O, \ Z 0:5: \ 5 0 in - �,W F J ri W O . F` _J r` Z CO V F z Q F'O o O • ¢ p a ljTy y Lod x G W I- . a a it It On F ti • _I In O n .... J H W r; 0) czej %i.'ssinrafillai , r 3 W F- •1 S a O o 3 • b X 1. M U Q F• a O {: J o O ii a 0 Oin — ci — a c o o n w N U ¢ o F ., r L O o a J igio tt W Z P- U a N b N Q d a O O n W N J l W W▪ 4 Q 0 i b 0 ; ¢< , O 0 F T, W 0 a W S .L AFFIDAVIT OF INTEREST OWNERS • SURFACE ESTATE Application No. Subject Property �.,oUery.-vn ( ?0,--Lon of I-ke &wi t/4 4,, ZJ -- 5 - v-1 STATE OF COLORADO ) ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. / The foregoing instrument was subscribed and sworn to before me this S day of OC_4t ,O„, ✓ , l9 q-2, WITNESS my hand and official seal. My Commission Expires: 2_,2-7.9 Yd �io�pRYPU�lj Notar9X?IjL2-1 •1 JODEE L. t MOUS i P co, r aG1 r1 CSI 9itOi 9 NAMES OF PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN OR CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION NO Mary & Kevin Chestnut 27275 W County Rd 52 096321000014 Kersey , Co 80644 Town of Kersey Kersey , Co 80644 096321000006 Roland Wells 9100 Rogers Rd 096321000009 Longmont , Co 80503 Manuel & Prajedes Eggert 2810 Lake Valley Dr 096321000003 % Wilbur Eggert Garland, Tx 75040 William & Eva McIntosh 800 So 1st St No 23 096321004002 Kersey, Co 80644 Lifestyle Homes Inc PO Box 519 096321006005 Greeley, Co 80632 Lifestyle Homes Inc PO Box 519 096321006006 Greeley, Co 80632 Lifestyle Homes Inc PO Box 519 096321006007 Greeley, Co 80632 L Gail Triplett 743 3 St Ct 096321006008 Kersey, Co 80644 Scott & Kathryn Jones 749 3 St Ct 096321006009 Kersey, Co 80644 Leobardo & Maria Haro 755 3rd St Ct 096321006010 Kersey, Co 80644 Keith & Martha Cosson 761 3 St Ct 096321006011 Kersey, Co 80644 94.0”_,9 Jeffrey Tiell PO Box 526 096321006012 Kersey , Co 80644 McComb Realty Service 928 13 St 096321004007 Inc Greeley, Co 80631 Edward & Sheila Steffens PO Box 455 096321004008 Kersey, Co 80644 Marian Scheller PO Box 86 096321004009 Kersey , Co 80644 Calvin Hanscome 26174 W County Rd 42 096321004010 Kersey, Co 80644 Lifestyle Homes Inc PO Box 519 096321004011 Greeley, Co 80632 Joseph & Joyce Miller PO Box 476 713 2 St Ct 096321005003 Kersey, Co 80644-0476 Charles Casselman PO Box 41 719 2 St Ct 096321005004 Kersey , Co 80644-0041 Richard & Karen Schwartz PO Box 554 096321005005 Kersey , Co 80644 Joyce & Gary Mount PO Box 74 731 2 St Ct 096321005006 Kersey, Co 80644-0074 Darwin Brug 25893 Sandy Knolls Blvd 096321005007 Kersey, Co 80644 Alan Chittenden 743 2nd St Ct PO Box 382 096321005008 Kersey, Co 80644 James & Joyce Hendricks PO Box 66 749 2 St Ct 096321005009 Kersey, Co 80644 Robert & Debra Werner 755 2 St Ct 096321005010 Kersey , Co 80644 940119 Lifestyle Homes Inc PO Box 519 096321005011 Greeley, Co 80632 Lifestyle Homes Inc PO Box 519 096321005012 Greeley, Co 80632 Lifestyle Homes Inc PO Box 519 096321005013 Greeley, Co 80632 Robert & Barbara Hoff 25654 Sandy Knolls Blvd 096320400028 Kersey, Co 80644 Kersey Community Church PO Box 158 096320400027 Kersey, Co 80644 Kersey Community Church PO Box 158 096320400023 Kersey, Co 80644 John & Linda Pfleiderer 25900 Sandy Knolls Blvd 096320404012 Kersey , Co 80644 Pable & Virginia 25970 Sandy Knolls Blvd 096320404010 Rodriguez PO Box 543 Kersey, Co 80644-0543 Walter & Mildred Schlagel 26256 Sandy Knolls P1 096320404011 Kersey, Co 80644 William & Eva Sheets 26421 W County Rd 58 096320401010 PO Box 58 Kersey , Co 80644 Helen Guffy PO Box 403 096320401008 25933 Sandy Knolls Blvd Kersey, Co 80644-0403 William & Eva Sheets 26421 W County Rd 53 096320401009 PO Box 58 Kersey, Co 80644 E Richard & Linda 25890 W County Rd 53 096328000001 Churchhill Kersey, Co 80644 940119 E Richard & Linda 25890 W County Rd 53 096328000002 Churchhill Kersey, Co 80644 Mary & Kevin Chesnut 27275 W County Rd 52 096328000037 Kersey, Co 80644 George & Jennyrae 25957 W County Rd 53 096329000013 Ottenhoff Kersey, Co 80644 940119 AFFIDAVIT OF INTEREST OWNERS $INERALS AND/OR SUBSURFACE ESTATE Application No. - / -14-A.-14-A. / Subject Property Gu�•4er'atr, ( Dor,Vtorm c6- � �. 4V.) V4 Q L . ZA - 5 - W4I\ STATE OF COLORADO ) ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under 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. 4 The foregoing instrument was subscribed and sworn to before me thisc � day of D01-Dr , 19 . WITNESS my hand and official seal. My Commission Expires: 02- 7—q6/ 95-69-Aj--) �y Notary Public OVARY'..... 7 s, I JODEE L. '; KA DOUS a Y3 '. :C5 a .• 910119 09-24-93 11:49 D AND N SERVICES 296 PC12 r `'JS'4C_� NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type EMS ADDRESS, TOWN/CITY, STATE AND ZIP CODE n D v ce V Al up "24 /,e c9 - crew sr /Sc5 D .�f y� // 4174-„/VM ( 4 1...e) '4'fl to 2U z- .15,2/A/ /r "AL A<' 7/ e cT51 , JTa- g'd clan $'D _ei, 8r / 74 ter.; . ri D Y'I4c c-nD Yci add. Cie 7/87- �—� ST Sre 94 , i✓Nt077.2/ / l &A_/J`-r'�� 4V ri z7 4 Sr,." Sri 8© 2a-lv v/c2c., cii ,F49.2:49 jj-eSC (/ ACri: .✓n-rt.,vr- , i5aI. iN�2 ✓� , Do /..de £L/.-Vet , • X14 #49.c// .q./ ., 7 797x/ 940119 LOWER LATHAM DITCH CO. P.O. BOX 398 KERSEY, CO 80644 December 17 , 1993 Dept . of Planning Services Weld County 1400 N. 17th Ave Greeley, CO 8p631 RE: Zoning Change - - Case No . Z-485 (Guttersen) Please find attached to this letter the signed and notorized easement agreement between Michael W. and Pamela A. Guttersen and the Lower Latham Ditch Company. This easement agreement satisfies all concerns of the ditch company and Latham agrees to accept and support this proposal for zone change . We request this easement become a part of the final plat of this zoning change . Please contact me if you have further questions . Jim Park 52-624— President, Lower Latham Ditch Co . 940119 EASEMENT AGREEMENT This easement is granted this /774-day of December, 1993 by Michael W. and Pamela A. Guttersen (GUTTERSEN) , landowners , to the Lower Latham Ditch Co . (LATHAM) , a Colorado mutual irrigation company. GENERAL RECITALS A. LATHAM owns a prescriptive easement by use to operate and maintain the ditch on a parcel of land owned by GUTTERSEN located in the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P.M. in the County of Weld , State of Colorado. B. A recorded easement is desired by LATHAM in order to preserve and maintain its rights as this property is re-zoned from A ( agricultural ) to E ( estate ) . Estate zoning will allow the property to be sold in smaller parcels with several individual owners . C. An easement for ditch maintenance is desirable for all parties . NOW THEREFORE, in consideration of the foregoing , 1 . GUTTERSEN grants to LATHAM a recorded easenment for ingress/egress to maintain the ditch. This may include but would not be limited to :, daily inspection of the ditch during the irrigation season, removal of silt and debris that would impede the water flow, placement of rip-rap material to control erosion and burning of vegetation along the banks of the ditch. 2 . This easement would extend 30 ft. back from both edges of the ditch. 3 . No permanent structures would be built on this easement except for side lot line fences . LATHAM would allow GUTTERSEN and their successor grantees to fence side lot lines up to and terminating at the bank of the ditch. GUTTERSON and their successor grantees will be required to install an adequate 16 foot gate to allow for inspection and maintenance of said ditch. 4 . LATHAM will allow one non-vehicle bridge to cross the ditch for access to property split by the ditch. Before construction of the bridge , LATHAM and GUTTERSEN, or their successor grantees, agree to establish reasonable guidelines as to the structure and placement of the bridge for the benefit of both parties. 5 . The easement will be incorporated into the final plat of 910119 this property if zoning and development proceed as planned. 6 . With this agreement, LATHAM agrees to accept and support with no other concerns , this proposal for zone change and the future subdivision of said property into approximately 13 residential lots. 7 . This agreement shall accrue for the benefit of the parties hereto, their successors, heirs, and assigns. Dated DJttI 7 , 1993 IP b*r Michael W. Guttersen - landowner r -4-a (2, AdcI dL.Q2r. ) Pamela A. Guttersen - landowner Cf 2/1— Ja es W. Park - pres. Lower Latham Ditch Co. 940119 •_: , ' -r •••,- F ,��, ,,,..r1-_--:K ti `,1.--.,, -...,.,z 4 ' i,_„- .' —:..r.-, '— ` .j' �� "P .•• I �'` �`�i it • (...- I/orr7. • , . • •,. ,.--,..i,7,--„,... ..'-..•.-.' T.l• �— •- . -�— / "�_�6___i 8_6. '1 .H „of, 1 14 0 1 c 1 KK+ N •• le 1. , • ao IT. •r.s •1 ➢• • ,�Z•• .. • ••(''.13. 5\ Eli Ill • 21 . 'Al W� J S as. R4Rn/6vItL lo z. LUCERNE • • M • '; • `1(�� ••, T •• _ {; of lcnl,� • I "e ! conN[LL' ! I •4,� ••• Rw •mr•rrw[r• ! v� v T • ,. ' , 20 • • 2, 22 23• 2• 7! I r zo zl • 22 / G¢ x. ( ! • 1.�• t1 w , i....�' '.z....1i'' © ' Qe I I : �r••N I.37 / ° \E\ I ! • •, 22I 23 _ti l �• o •i i� •. • 1} Q • I + IM 1 I^ I il MEI GI •. i kKorrEtkeY ' . JCT. ill t • T- 1 IO !PM nl e it ]+: 3s i s• o: '-• •- •- as uP as ! ]I ax an `• I. , 1. r „ .._ -. ....-.. `,"-'' egaiC.,,. _ 'As X'''. .„.-.3 ' . • 3 iim, ..1O:"....--„,-...---,- ,.. .pap. _,--..a.,,,Iiiii . _____ •• ------ „dip. - ___- _,,,,t,..:mowd--, „,___. ,EfriLciwyptit,„, • ,. , , ._,-...„„,m, , . ,!,-, fiNMINIMMIM ••••".:Sil.41 , • I • • &, 'slalillilinli • 7 • Ill II nip 7.'' &b.. i ^•Lj1r 7T :•j , I •, ~ci viik• ,,, Mil ‘-r... : I __ kti.. ,T ,_ _ ,:: ,. " i •: .1 IIIIIIII:v.u..N:r• iliN it. 4.100. ••r a • * ••• ii;iillift, 1 go? /;,. 1 • • • 1 • I • p [ j ]rte+ f' • 1.! • ••-iliTha s "'—J ! I IWit. �! .u •••:31,' R„-�• Fr 2'7 2 . 2• I•- - 26 ••,.. 62.,' ,, Li . . .-.-Iiii.: : I•e . 33 0 ■- r '" ][ P .\‘VII."‘ I, . ! 33 I . 33 3• •I , 1 • •• • j • L I • a • ` • .�yVI • Nbft •1 • • s( • • . First • •1 �1• • f• n•noln. 1.� r. ‘ ,1444J► It. z ;• T:± :L • •U 1 !i • I `! . 1 ��o •� • w i •_ �; .! [^gO11Y• i 7 �� • ' •I • 10 a • 4••! 7 [ r"f 'e/ D//�1 •\/51 ! • I �� .• I' Il • : I A •1225 I 1' V • •!II \I / • •:ma • •ems • , �) • I I }..Icl I I , ! IT I N • 11 1 I• 1 50' 17 4 • I• I H 11 13 17 1 N I• / I. • I. ■ • I •i: • I II 111 I • •••• LI• •• •• .•- C I 3 i •I • :: • �,I plcn r,c ' !' I } I E• '• ! • 0 • /70 V 21 ?, 22 I 23, I !• ` I N 2•'■ x0 I 21 •I• a : ': 4 20 21 *2 a I 7 , V I I I. io. • " / • .-111 •• • , • /� • •Z• I. •j • ,.. • ' +• 2• 2• } 27 , OS xt• i >0 A • I 2• 37 • 24 21 30 IS A n H .\• • eI f1 ! } I I ! el,'—' • f} • • 1 •• • I •• !� • • •• • . 3! (I. • 3• I G 3• A 32 ' I32 33 31 3• ! 1 �y, I • , , . 3 J 2 . • . .......; , I• N .7 ,[ N1 c/AZ ---I 2• nl 70 21 22 23 2• h i xo 21 I 22 u I '1 -944 2' 2' 6 x• \i23 • 30 +\ 23 x• » A za ]D I 2/ 1 61 2• 1 _ a_B8 1 8 37 9 �10° II 46/ _ `- _ 1: \ y 4603 458/ AA F K 1 Y11i .g� q�0 � -- III PLum6 ;I olrcM /\ wmrK>sm�su„�.w el 1 p5a0 , ,r \ � .--_— . 4594 4611 � At N. /° C e� FF �� o A Z 1 I \ -k.--• I 4 cri 0 17 I \ 16 15 o \ \ \77-77-- \ i BM I _ ((/- Gravel P' \/ ,4 ,623 4614 4584 37 I I ii n I . vo I �� ___�<, — 4574 .✓,4575 I �j e y ' ravel it 1520 I 3�' - PACIFIC IBM I UN/ON 22 _'— n 21 SP@m6h n•n t'4606 BM 11 •u oS o:459 / �—`��71 a \ Vlila�e\° -., © O e 45971 .. ...625 - s/I � � 11 1 \ III U oI, elga --.e.--- ---- --- _ -- ` 'ti: 3' 1Q71 —_� �J 45961.. — .. ° I __ `,00 ^4jo0 W II° 465- -0o � a _ ICO 0o �\\' • ® 28 46/9 27 V 14605 �4610 \�0 ; ° o �o i o ell — 4J I yO Op 4630 T. 30�._/.. \� •i 46 © a7o 4639 ____ 4746 ° .. 464 o r ca 0 _ _ b-, - • .. . • «p ' t i is. - s tom' .... ry t t .,.4. t � ,�,v � ,K ., 5 . .. r. sz a ? • ; , s . 1r t ... ,, - t. w r « * II yp.'" ••t.. 5�.. ,4b 1. t • / 1:•,..::.:'':Y*• .5 .. • 'NA'wFYYti..• .. • .,, Q♦YL :- 1 ''..14111%.64$4 ..^ 411 "4$4 •-•.R ,yTyN!::. 1 , 44 1,-1 t!tirs,•• geek C/A:7yr.ON,lie- ... . • ^ iy t: gtell l'i • a • it. V .. ¢85 • Y N �, 3 X41. • ; : t� .., , .3k :se a . 4;'a.* i 4A v ys 44,..• ,.lj'i ---a .r Hello