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Home My WebLink About941586.tiff Jean-Pierre Bressieux (303) 828-3686 March 9, 1994 Department of Planning Services Weld County Admin. Offices 1400 N. 17th Ave Greely, CO 80631 Dept. of Planning Services, It has come to my attention that a particular piece of property in my neighborhood is slated for rezoning from Agricultural to Estate to which I stand opposed. The case number is Z-487 involving a Tom and Margaret Russell. I have been living at 5639 Weld County Road#5 for nearly two years and just last november bought the property because of the rural character that surrounds it. I believe allowing the Russell's the opportunity to change the zoning and develop their property to the extent that is suggested will compromise the integrity of the land and the environment around it. It is my opinion there is too much development happening in this area setting poor precedents as to how this entire region will look in 5-10 years time.The very reason I moved out here is the truly rural character I enjoy and that is disappearing across this country. I am worried if this project goes through the owner of the fields across the street from me will feel encouraged to do the same thing setting off a mad scramble for who can develop there property first, make a killing in profits and leave. Meanwhile those of us who lived here first are left with the grim prospect of putting up with urban sprawl or moving to another area to have the same situation threaten us again somewhere in the near future. Although I have never met the Russell Family I have no ill will toward them. Perhaps a compromise may be to allow only 3 sites developed instead of sixteen, or one home per 5 acres such as exists in Boulder County, our reasonable neighbor to the west. Please let the Russell family know I am not alone in how I stand on this issue and I intend on joining others in my neighborhood by signing a petition to persuade them in rethinking their development plans on their property. ;z:ly,/2 ean-Pierre Bressieux 5639 Weld County Road #5 • Erie, Colorado 80516 See Also 940486 941586 PL0950 March 11 , 1994 } MAR 1 4 1994 Department of Planning Services is,Planning; Weld County Administrative Offices 1400 n. 17th Avenue Greeley CO 80631 Re : Case Number Z-487 Sirs: As property owners directly adjacent to (and probably most effected by) the land in question, we wish to make known our opposition to a change in zoning of the land owned by Tom and Margaret Russell . To allow another sub-division in this already saturated area would be a mistake. Carmacar and Parkland have already place too great a burden on the schools in Erie. The Erie schools are, at best, a joke; To introduce 20 or 30 more kids into them would be disastrous. With Erie making noises about an "Erie Village" of 200 or so dwellings, the school problem could be devastating. We have children in both Erie schools and know that neither can stand an influx of children. The services in this corner of the county are also, already inadequate. The last time we needed police - for a vandalism problem - we were told by the dispatcher that they were "too busy. " Another 15 or so houses in the area guarantees that this sort of problem only gets worse . The two roads in and out of Carmacar which would be used by this proposed sub-division - Spruce Drive and Mountain View Street are already inadequate and inadequately maintained. With the addition of another 20 - 30 commuters, most exceeding the speed limits of a residential area ( see the paragraph about the police being "too busy" ) you are flirting with serious potential problems , especially the danger to young children who use these streets for biking , walking and waiting for school buses . Our residence, 1760 Spruce , is on the corner where cars accelerate after slowing for the sharp turn at Fir. If you are to allow further development of this area you must budget-in some police protection, and expect to receive and act upon all the new complaints and problems that growth inevitably brings . To us , perhaps the most troubling part of the proposed development, is a 30 foot easement along the northern boundary of our property which is labeled on the plans that we've seen as an "emergency access easement . " Having lived here for 18 years we KNOW that this translates to "MOTORCYCLE TRACK FOR WHOEVER WANTS TO RIDE HERE AT WHATEVER TIME OF THE DAY OR NIGHT AND TO HELL WITH YOU FOR WANTING TO TRY AND STOP US ! " We put up with an unbelievable amount of disruption from this field for almost 10 years before the man that has recently been farming the land finally put up a fence. We will 940486 • never allow that sort of activity to begin again and we must have assurances of measures that will stop it BEFORE it begins again. Some of you may remember the last sub-dividing attempt next to Carmacar wherein the man proposing the change promised use of the ditch road which passes through a number of properties in Carmacar (ours included) to his buyers as a "bridal path" . This must not be allowed at this time either. The only people who have any business on that ditch are the property owners and employees of the Ditch Company while doing their business up there . In eighteen years at this location, we have seen the continuing "dumping" on this corner of the county. Only once can I remember receiving relief from some proposal or another to sub-divide , build a dump or airport, or even a Jail in South-West Weld County. The city of Erie seems to be completely out of control - giving license to just about any kind of noxious activity in order to raise a few dollars of revenue. When we came out here in 1976 , Weld County was dedicated to retaining its place as an agricultural area and promised resistance to growth for growth' s sake. Let ' s let Adams County be Denver' s dumping ground and stop this unchecked devastation of this corner of Weld. Thank you. A Gary O. Bean Sonja K. Bean 1760 Spruce Drive Erie CO 80516 ( 303 ) 828-3325 940486 5476 Fir AV Erie, CO 80516 March 10 , 1994 Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th AV Greeley, CO 80631 Re: Z-487 We, the undersigned, would like to get on record as being opposed to the proposed Zoning change for the property across the street from us , which has been requested by Tom and Margaret Russell . We are aware of their plans to put a subdivision on this property and we do want the increased traffic, noise, drain on our water and especially the loss of our view. The legal description of this property is shown as "Part of the E2 of Section 5 , T1N, R68W of the 6th P. M. , Weld County Colorado. " Thank you, n B. R. VanZuiden William R. Sherman 0 MAR 1 4 1994 ! *lamina 940486 Weld County Department of Planning Services Weld County Admininstrative Offices 1400 N.17TH Avenue Greeley, Colorado 80631 March 11 ,1994 RE: Case Number Z-487 Tom/Margaret Russell Rezoni ng TO WHOM IT MAY CONCERN: Regarding the zoning due West of Carmacar, We have the following concerns: The development of said property as proposed would greatly increase the automobile traffic through Carmacar. We initially purchased our property in Carmacar realizing that there was low volume of automobile to deal with. The increase traffiwould cause a greater hazard to residents of Carmacar that walk and ride our streets. This greater traffice also would cause a greater amount of dust in the Carmacar area wich could cause health problems and will definitely cause a dirtier environment for all . We feel that before this proposed rezoning can be addressed by the county, paving of Mountain View the main thorough fare must be approached. Sincerely Yours, if 44%22., 1 Scott/Linda Hidalgo 1813 Pikes Peak Street Erie, Colorado 80516 (303) 828-3735 MAR 1 4 1994 " - ""'^°-fic alannina 940486 /f ,c'e C' Vt/° ale O. .4-7zaei S a� .i r e. . ,Dt j„ie2 ,�7- f�a-ze.4.,/s; /99K jc/ %' �L 1iu� _ 0 C/ e..PtinQ , 0 tg 1 2(2, //2° WyetetoldJ de do At& iu a.) jerk Ch 14 ate_ Are t /Jii.v a�f. , A-14601 ate, ge 4 z e teczJ 4146 Lee £t`taha LQ iL6iLegurYma_ 7,144-97-, ao t( �i4 gb2-taLlin dew , u-t clat ,6 a/24.6,i / z s , Seiz o4.G ,„;(4.6 t—itttd a • P14rhi44-O to .�& ,4aGc.e.� -u .21/4 3 , Si ICkC/'/-642 Q/ 2w r-evw-ka-Ca LJ p'c L Jce, r et at r/te,,,, illf"-ce- • aided} 54/)-? Lc. ,6 , 7&CI6 W-3731 lopmwiffir MAR 0 4 1994 amid Pn+'n!v Pinning 940486 • ct r(aot DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 15, 1994 Tom and Margaret Russell 1710 Lashley Street Longmont, CO 80501 Subject: Colorado Geological Survey review fee. Dear Mr. and Mrs . Russell: Enclosed, please find the first check which was made out by you to the Colorado Geological Survey. Unfortunately, I found the first check after the second check had been submitted. Therefore, at your request, I am forwarding the second check to the Colorado Geological Survey and returning the first check to you. I apologize for any inconvenience the mix-up may have caused. Should any additional questions arise concerning the checks, please call or write. Sincerely, Greg ompson Current Planner Enclosure 940486 tic asta �,. 0 PARTMENT OF PLANNING SERVICES MAR 0 3 994 PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES I ID 1400 N. 17TH AVENUE O • "WO mn��ntvPlanning GREELEY, COLORADO 80631 COLORADO S'ee e/a// 'f DATE: February 11, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-487 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 15, 1994, 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: Tom and Margaret Russell FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Located approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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. Ifre 6 /00.5 f/ie c%c7n/ eL t solie 1;-O J-77 A 1a e ,F/r /'he Aft ye/-/� //ac/r 'Cd / eJ e7%otre. MOs/ Gt /L/ e satfoci"(c/fNy e c7 /s- cr7 ec/ ,47,/c a/1eir &/. The c/any/try of /A e Zofi e fa moo/- /..4/5"- L5-1/77,?// c7/- ea Lvi // o c/e 7 e. c7J1/`/ o/Aa/ fcJ/ems teA OLIf dr-ea , rt f/� e� GYanf14-d del:1e/` / e7< tGi em orl/(//-ce t/� e /-r e%// zonec/Ay/-icee/taIra/ cs'f /`/ (-lc. , frraca/- Q7:7c/j e //es - / L / /7 es- ecT f 71/' C jj dn1es L. e GeO4 /Hd L , 1/c?t'If /8 /17/71 es fe 7 S/1/ /fir / GOcenA c-c2.-/ Et/e/ CG ea _4lh 940486 Weld County Dept of Planning Services Feb. 27 , 1994 1400 N. 17th Ave Greeley, Co 80631 RE: Request for Zoning Change - Case # Z-487 Gentlemen; We operate a working wheat/livestock farm on 371/2 acres directly on the north side of the property where the zoning change has been requested . We oppose the reqested change for the following reasons : 1 ) The property in question is part of a large tract of land that is almost totally agricultural including our farm to the north, wheat production to the south, and a dairy op- eration to the west . If a portion of the area is rezoned to allow a concentration of homes , the whole area will eventually be lost to development . 2 ) This area will not support an additional concentration of homes . Access would be on an already too heavily traveled gravel road right through the center of Carmacar Subdivision where children are playing, riding horses and waiting for school buses . Additional traffic created by a concentration of homes would also add to the already over used Road 5 and Highway 52 which are experiencing flow problems and high numbers of accidents . 1-25 and Highway 52 , the main route into this area , is a constant source of accidents already . 3 ) If concentrated growth is permitted in this area , the county can expect to be faced with additional calls for service such as road maintenance and improvement , more control of traffic and more law enforcement . At the present time , such calls are minimal . This area is still very rural in nature with an abundance of wildlife and a concentration of farming and a "country way of life" . We like it that way and would request that the Dept . of Planning Services not grant this zoning request . THANK YOU, �� /�/-!'nom cam/Kim/ MR AND MR DONALD J. CRUTCHLEY 5579 Fir Ave Erie , Co 80516 0 MAR 0 1994 11 ''Jele roa Planning 9404Rc Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 William V. Cook 5416 Fir Avenue Erie , Colorado 80516 Sirs , I wish to voice my objections and concerns in regards to Tom and Margaret Russell ' s request to change a part of the E2 of Section 5 , TIN, R68W of the 6th P.M. , of Weld County, Colorado zone from A to E. My first objection is to the proposed location of the developments access road, as drawn on Blueprint. The way it is now, the road would be right in front of my home , increasing traffic , noise and pollution less than 50 feet from my front door. I currently enjoy the view that I have from the front door, that will be difficult to do with buildings in the way. My concerns are as follows; will this raise my property taxes , is there a plan to install more fire hydrants , are they aware of the under ground water problems and if so do they plan to fix it, how close will the houses be built to Fir avenue on the East side, and will their covenants affect ours , if so in what way. I would hope that these concerns would be addressed at the hearing on the 15th of this month. I moved out here to get away from the hustle, noise , and pollution I was forced to live with in the city. To provide a healthy environment to raise my three boys in, and then be able to retire with my wife and enjoy the sun setting over the Rockies from our front porch. I realize that there are a number of people who would like the same situation I have , however that situation is destroyed for everyone when you turn the country into a small city. iMAR 0 4 1994 ' ."4+'t•-,•-‘,planning 94'0486. �. DEPARTMENT OF PLANNING SERVICES IBC PHONE (303) 353-3845, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES1400 N. i RA 8NUE GREELEYEY, COO LOORADOO 80631 COLORADO March 4, 1994 Tom and Margaret Russell 1710 Lashley Street Longmont, CO 80501 Subject: Z-487, Fee associated with referral response from Mountain View Fire Protection District. Dear Mr. and Mrs. Russell: Pursuant to our conversation on Tuesday, March 1, 1994, I am enclosing a copy of the information which was sent to our office concerning the proposed change of zone located in part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. As part of their review process, the Mountain View Fire Protection District requires a $200.00 review fee. Please send a check to their office to cover this expense. Should any questions arise concerning this issue, please call or write. Sincerely, / Greg Thompson Current Planner Enclosures 940486 • 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. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE fi Z - 1/F7 7 THE SIGN WAS POSTED BY: "tit& lG.VS S e 4t NAME OF PERSON POSTING SIGN C-15 SIGNATURE OF APPLICANT STATE OF COLORADO ) Tgeuld.i ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS ,0 DAY OF 1204_1....1.-4.44.4__ , 19 73 . SEAL NOTA BLI MY COMMISSION EXPIRES 0-7a -57 LAST DAY TO POST SIGN IS: . j -- 47 - 514/ '72G£4 h" , 199g • PLEASE RETURN THIS FORM TO T11E DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 940486 I110201121.44 IIIIIIINkr AFFIDAVIT OF PUBLICATION The Went Planning Careatiselsi STATE OF COLORADO mil hold aprAth S9 on Tuesday,984, COUNTY OF WELD for t he4, at 1:99 of for the put oee of considering o a for the property Chap I, ROGER A. LIPKER, of said County of Weld, being duly described below. sworn,say that I am publisher of Approval of the request may create a vested WINDSOR BEACON property right pursuant to Colorado Law. - APPLICANr: Torn and a weekly newspaper having a general circulation in said Margaret Russell County and State, published in the town of WINDSOR, in LEGAL DESCRIPTION: said County and State; and that the notice, of which the Pan of the E2 of section annex is a true copy, has been published in said weekly 5,Ti N,BMW of the 6th for successive weeks, that the notice was P.M., Weld County. Colorado, published in the regular and entire issue of every number of TYPE AND INTENSITY the paper during the period and time of publication, and in OF PROPOSED USE: the newspaper proper and not in a supplement, and that A Change of Zone from the firstpublication of said notice was in said bearing A (Agricultural) to E paper (Estate). the date of the .// /70( ./day of ^'y A.D., 19q and the LOCATION: Located last publication ing the date of the approximatelyWeld 1500 feet north _day of A.D., 19_ and that of Wel Co unty Road 12;approximately the said WINDSOR BEACON has been published 1500 ryfeet wadt of Weld 5; and continuously and uninterruptedly for the period of 5 west and adjacent to ----- consecutive weeks, in said County and State, prior to the Carmecar Ranchettes. date of first publication of said notice, and the same is a SIZE: 42 saes,more or newspaper within the meaning of an Act to regulate printing less. of legal notices and advertisements, approved May 18, The public hearing will 1931, ' cI , and all prior acts so far as in force. bHering in the Weld County Qq issiners'CenteFloor, Weld CountyryCeet Stn t,Greenter,9feiR Tenth Street,Greeley,'I Colorado. Comments or me this d ogections wed 1D mo "scribed and sworn to before �t' d s a above request should �J / y of be submitted In writing i./.u.rc.w> 19 9'l to the Weld County Department of Planing , Servkee,1400 N. 17thWei /2(.Gswtaue Avenue, Greeley, NOTARY PUBLIC Colorado 90631, beforemounted the above eve or _ rpcaring at the h blic15, My commission expires ��/y+.�,/�r >-, ��j�,� hearing on March t5, — 19W. Cow applicationwe available the for puma bnseceon In the -OSYstr0ttertt Planning1400 N. 17th Avenue, Greeley, Colorado 3845,Ex*relon 3540. Chairper Yamaguchi, Weld Ceun PI nin Publimbil le as scion " rj±2.1.1_2ittaqc-1-17S-54,1.1 cl +,r.,l,,,..,.....e..r"'"JD:tII1It 9410486 rit tti--;> DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 `g f WELD COUNTY ADMINISTRATIVE OFFICES a ,p 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 l ' IIDIC° • 1 6 '°-' COLORADO 'ut--- L __) Date: February 11, 1994 CASE NUMBER: Z-487 TO WHOM IT MAY CONCERN: Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, 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. e e refer to the enclosed letter. �le Signed: Agency: { OO Or ERIC. Date: 2- (7 -14 Li \be2 'L1994 „4.,n.n,t.,Mr+?,,:, 9110436__ f % 4 MEMORAnDUM Wilk To Greg Thompson Planning Data February 18, 1994 COLORADO From Donald Carroll, Engineering 05 Subject: Tom and Margaret Russell Z - 487 I have reviewed the application and have no conflict with the change of zone from agricultural to estate. The item I would like to address would be in the next stages. This is the road access through Carmacar to the proposed site. The existing road system within Carmacar is gravel at this particular time. With the additional home sites, these roads will be impacted more. The applicant needs to address upgrading the access roads within the existing Carmacar Subdivision that provide access to the new proposed site. cc: Commissioner Kirkmeyer File Z-487 mgregl7.pds iN231!JU 11 -.- ,.r,,in .......? arnini 940486 1. DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 ',- _ WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH p ® { (� {qq4 GREELEY, COLORADO 80631 r,? REcEIVG� E EB COLORADO Date: February 11, 1994 CASE NUMBER: Z-487 TO WHOM IT MAY CONCERN: Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, 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: 414.4.40 Ca-ri4�o-QD Agency: 0d4t 11'77 - t-a-g Date: O21(O- 1� 940486 Mp°"r"'" MOUNTAIN VIEW FIRE PRG . ECTION DISTRICT F Administrative Office: 9119 County Line Road•Longmont, CO 80501 E (303) 772-0710 Metro (303)666-4404 FAX (303) 651-7702 �'L■r. F vine MAR 0 1 1994 February 28, 1994 •Xeld Corti Planning Department of Planning 1400 N. 17th Avenue Greeley, CO 80631 RE: Zone Change - Tom and Margaret Russell Dear Mr. Thompson: Mountain View Fire Protection District has reviewed the application for change of zone for Tom and Margaret Russell and has no conflicts provided the following items are completed: 1 . Must meet all requirements of the Uniform Fire Code as it pertains to this type of project, which would include, but not be limited to, adequate water supply for fire protection, as well as fire hydrants. Please see enclosed Developmental Standards book. 2 . Submit a detailed blueprint drawing of the proposed subdivision. Drawings should include access roads, as well as location of lots. 3 . The Fire District has adopted a plans review inspection fee schedule, a copy of which is attached hereto. 4 . Please have the applicant remit the sum of $200 .00 made payable to the Mountain View Fire Protection District. If you have any questions or comments, please feel free to contact me. Sincerely, inoi A Mark A. Lawley Asst. Chief - Fire Prevention dlm RUSSELL.L Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 60501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 9.CO4sc MOUNTAIN VIEW FIRE PROTECTION DISTRICT FEE SCHEDULE REVISION November 2 1992 On new construction and remodels, where Plan Review/Special Building Inspections or Fire Protection System Review and Inspection may be required, a one-time fee of $200 . 00 shall be paid upon submission of the first set of plans. This fee will cover any and all subsequent reviews and inspections totaling 10 man hours . Hours required above 10, shall be billed at the rate of $20 . 00 per h our, per inspector. Other fees shall apply to the following: Annual Inspections: NO CHARGE . Temporary Permits: *Fireworks Stands $500 . 00 (unless sponsored by non-profit organizations ) *Flammable and Combustible Liquid Storage Tank Removal $ 50 . 00 *Flammable and Combustible Liquid Storage Tank Installation $ 50 . 00 NOTE: The hourly rate pertains to man hours only, and does not include other associated expenses . This rate will be billed in 1/2 hour increments. Reviewed/Approved by: era d Wa , District Fire Chief William Bai ey, Deputyf v l 2 Mark Lawle , Fire Marshall MOUNTAIN VIEW FIRE PROTECT ON DISTRICT B r Presi ent ATTEST: Boar ej arf y FEES Please Send a check for $200 to : Ms . Gayle Watkins , Finance Manager Mountain View Fire Protection District 9119 County Line Road Longmont , CO 80501 940486 •� lc\ 44IIII1 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES , _ 1400 N. 17TH AVENUE € ® � GREELEY, COLORADO 80631 • COLORADO (IEttilgittal Date: February 11, 1994 WELD CO. HEALTH DEPT. CASE NUMBER: Z-487 TO WHOM IT MAY CONCERN: Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the applicati 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 theenclosed letter. Signe C � jJ�9.a. �S 4_ //Agency: O C 0 Li? Date: / In MAR 0 3 1994 'M.k rctintvP1811�1fl9 940486 DEPARTMENT OF PLANNING SERVICES { PHONE(303)353-3845, EXT. 3540 CIC: 114° WELD COUNTY ADMINISTRATIVE OFFICES .; 1400 N. 17TH AVENUE ,n. h' ® GREELEY, COLORADO 80631 COLORADO Date: February 11, 1994 CASE NUMBER: Z-487 TO WHOM IT MAY CONCERN: Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, 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 revie d the request and find no conflicts with our interests. F,.7e—ti)n (°.(2-14,44. 7/ C- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas r er to the enclosed letter. Signed: .. C //� 12 re Agency; / .7'I� � rJ yt r'1 yn.in ,? . Date: pel) n ,RVPJ2ij� , \u MAR 0 4 1994 r Q.!4'r!: fil Planning 9/.0.S9i '1• s„:14.\\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 I ID c WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO February 17 , 1994 Jim Soule Colorado Geological Survey 1313 Sherman, Room 715 Denver, CO 80203 Subject: Z-487 - Russell Change of Zone, located in part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Jim Soule: Enclosed is a geologic analysis of the abovementioned property prepared by Empire Laboratories dated February 15,1994. The information was received after our usual referral information was sent to Colorado Geological Survey. Please incorporate the enclosed information with the referral and case application. Should any questions arise, please call or write. Sincerely, Greg Thompson Current Planner Enclosure 9' 048 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. RA AVENUE GREELEYEY, COLORADO 80631 COLORADO Date: February 11, 1994 CASE NUMBER: Z-487 TO WHOM IT MAY CONCERN: Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, 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: 9C0486 FIELD CHECK FILING NUMBER: Z-487 DATE OF INSPECTION: 1 - I /[ 1- APPLICANT'S NAME: Tom and Margaret Russell CURRENT PLANNER: Greg Thompson REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Located approximately 1500 feet north of Weld County Road 12; west of and adjacent to Carmacar Ranchettes, and approximately 1500 feet west of Weld County Road 5. LAND USE: N /1$ `VhflM, faitea. 40 UwY Si), E 0-0A0161-1-0.4. R(En s uee We-k5 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) , R-1 (Low-Density Residential) y6 WW A (Agricultural) CQMMF,N1 L%� Y u8' tyleV c c vJWin w fiKerzei Aivi-rvi/ ° ) Le- iv ny , {(l;i roe4 cif ( t a / na' 2. \k\, `FEB 2 2 199:, •enh x+l,, 8„r)laaraeaa STATE OF COLORADO CDivision of GEOLOGICAL Geology SURVEY Division of Minerals and Geology ��^`` n11[� Nil Department of Natural Resources U W. 1313 Sherman Street, Rm. 715 r ) DEPARTMENT OF Denver,Colorado 80203 WE-94-0016 NATURAL Phone(303)866-2611 .11"4T REsoURCE$ FAX(303)866-2461 March 4, 1994 "rs,Mgd Tr„'^",NI Planning Roy Romer Governor Mr. Greg Thompson Ken Salazar p Executive Director Weld County Dept. of Planning Services Michael B.Long 1400 N. 17th Ave. Division Director Vicki Cowart Greeley, CO 80631 State Geologist and Director RE: Russell Property, No. Z-487 Dear Mr. Thompson, This office has received the materials for the above mentioned property and has conducted a site inspection on March 4, 1994. Please consider the following observations: The property is question is currently irrigated farmland and is proposed to be rezoned to estate residential. The property is essentially flatlying, sloping gently to the northeast. There is no sign of sink holes or other unnatural surface depressions. The Cottonwood Extension Ditch forms the southern border of the property from which a tailwater lateral ditch extends into the central portion of the property. Surficial materials of the property are windblown dust and grit, derived from the local Upper Cretaceous Formations, and has shrink/swell potential. Shrink or settlement potential has probably been minimized by irrigation over the years. Bedrock depth is widely variable but can be quite shallow. This area has been mapped as high swell potential in the Environmental Geology Publication #7 from this office. We concur that a geotechnical investigation be completed on a site specific basis for all building structures, including perc rate evaluation for the individual septic system being considered. To our knowledge there is no coal mining in the immediate vicinity. Provided geotechnical engineering evaluations are done and their recommendations are followed with regard to foundation and sewer design this office has no reservations with the land use as planned. If you have any questions please contact this office. Sincerely, • `Jonathan L. White6w0. Engineering Geologist 94:0418,f; Ask atell RECEIVED DEPARTMENT OF PLANNING SERVICES FEB 1 7 1994 PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140��, GEOL. SURVEY EY, ON ORAAVENUEO631 GREELEY, COLORADO 80631 er COLORADO Date: February 11, 1994 MAR 1p 1994 E NUMBER: Z-487 TO WHOM IT MAY CONCERN: o,.,,tiDi MIN Enclosed is an application from Tom and Margaret Russell for a Change of Zone from A (Agricultural) to E (Estate) . The parcel of land is described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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 February 25, 1994, 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. 5,4_ 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. 21c Please refer to the enclosed letter. Signed h.,., / Agency: 7.07/G>. (C;ea. Date: /y/Q 940486 FACSIMILE MEMORANDUM DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 This message consists of pages plus this cover sheet. 4 SENT: (-a.m. Date• PLEASE DELIVER THE FOLLOWING PAGE(S) TO: oA0•I�(ritu u. r•1 COMPANY: a au,-r'Q l ,'1A96 FAR NO: `7 74 " 34 / FROM: XO JL U'\ SQJtUA-±v SPECIAL INSTRUCTIONS: PHONE #: 303/353-3845, Ext. 3540 FAX # : 303/351-0978 CONTACT: 3 4(0 - >tr " v EXT. 9C4 48 FIELD CHECK FILING NUMBER: Z-487 DATE OF INSPECTION: February 11, 1994 APPLICANT'S NAME: Tom and Margaret Russell REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1500 feet north of Weld County Road 12; and approximately 1500 feet west of Weld County Road 5; west of and adjacent to Carmacar Ranchettes. LAND USE: N Cropland, rural residences, oil and gas production, irrigation ditch E Subdivision/residences S Irrigation ditch, rural residences, pasture, subdivision/residences, oil and gas production W Cropland ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) and R-1 (Low-Density Residential) W A (Agricultural) COMMENTS: Large power poles adjacent to gravel Weld County Road 12. The subject property is presently cropland. Fir Avenue is adjacent to the east side of the property and is graveled. The ground slopes to the northeast. , CIA.4 6i-tp----- Greg Thom son Current anner 940486 LAND-USE APPLICATION SUMMARY SHEET Date: March 7, 1994 CASE NUMBER: Z-487 NAME: Tom and Margaret Russell ADDRESS: 1710 Lashley Street, Longmont, CO 80501 REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1500 feet north of Weld County Road 12; west of and adjacent to Carmacar Ranchettes; and approximately 1500 feet west of Weld County Road 5. SIZE OF PARCEL: 42 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Tri-Area Planning Commission 2. State of Colorado Department of Natural Resources 3. Weld County Health Department 4. Mountain View Fire Protection District 5. Weld County Engineering Department 6. Town of Erie The Department of Planning Services' staff has not received referral responses from: 1. Oil and Gas Conservation Commission 2. Longmont School District 3. Leyner-Cotton Ditch 4. Boulder County 5. Longmont Soil Conservation District The Department of Planning Services' staff has received 10 to 15 objections from surrounding property owners. 940486 ositettro4 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, March 15, 15, 1994, 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: Tom and Margaret Russell LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Change of Zone from A (Agricultural) to E (Estate) . LOCATION: Located approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. SIZE: 42 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 March 15, 1994. 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 Beacon To be published ne (1) time February 17, 1994. 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'• i'y; i l tt NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME ADDRESS ASSESSOR ' S ID # Victor Florence Kear 5517 Aspen Av Erie Co 80516 146705402017 Sharren Lynn Ester 5487 Aspen Av Erie Co 80516 146705402016 Kathryn Aydt R• Troy Glenn Jones 5457 Aspen Av Erie Co 80516 146705402015 Elden E Parbara D Moore 5427 Aspen Atr Erie Co 80516 146705402014 Dean A e, Sheila M Koenig 5397 Aspen Av Erie Co 80516 146705402013 Michael J & Carolyn L Mahoney 5506 Fir Av Erie Co 80516 146705402001 Parbara P Van zuiden William P Sherman 5476 Fir Av Erie Co 80516 146705402002 Chester C ° Margaret J Haun 5446 Fir Av Erie Co 80516 146705402003 William V & Linda A Cook 5416 Fir Av Erie Co 80516 146705402004 Francis S 2 Donna L Walsh 5386 Fir Av Erie Co 80516 146705402005 Richard & Carmen V Chavez 5346 Fir Av Erie Co 80516 14670540 .2.006 James L a. Georgina L Davis 1843 Pikes peak Erie Co 80516 146705402.010 Ronald Scott Linda K Hidalgo 3.813 Pikes Peak St Erie Co 80516 14670540 .2.009 RichardE P, Wilma L Ketelboeter 5306 Fir Av Erie Co 80516 146705402.007 Duane & Charlotte Kramer 1781 Spruce Dr Fr.i.e Co 80516 146705402008 La Verne D & Dixie R Krueger 1841 Spruce Dr Erie Co 80516 146705403001 Gary o P Sonja K Bean 1760 Spruce Dr Erie Co 80516 146705404001 Douglas M 4: Deborah M Lenz 1780 Spruce Dr Erie Co 80516 146705404002 Marvin P 8 Susan M Thompson 1820 Spruce Dr Erie Co 80516 146705404003 Clarence E Caroline P Foster 13610 Huron Proomfield Co 80020 146705400011 Joseph L g Wendy N Lomel.i. 1677 Weld Co Pd 12 Erie Co 80516 146705400010 Anthony T Lucille A Gardella 1675 Weld Co Rd 12 Erie Co 80516 146705400006 David T a Judith A Somsky 1673 Weld Co Rd 12 Erie Co 80516 146705400004 Donald J & Jeanne M Crutchley 5579 Fir Av Erie Co 80516 146705100016 Mark S ° Marilee J Bella 5557 Aspen Dr Erie Co 80516 146705102003 Kenneth R p: Vanda D Vaughters 5566 Fir Av Erie Co 80516 146705102002 Farm Credit Dank of Wichita 127 22 st -.reeley Co 80631 146705000019 146705000018 9404S6 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property E (1L + SC 1 T µ ' � Q (.1 W (irn (?IA STATE OF COLORADO 1 Ialufl-nr-- 1 ss. COUNTY OF-Webb 1 THE UNDERSIGNED, being first duly sworn, avtates 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 minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. —re lave ') tJn4w►A ti'/sctc't. 44(..-2.oiLa, Co�_ U 0,10.1 'QAc4� �*4LbJIA. C.0 4 114O W..toxe -1)60vei. t C.o The foregoing instrument was subscribed and sworn to before me this day of y, ,Lc2� .E_ , 19 9„3 , BY Orh /l p l55-e-// _ WITNESS my hand and official seal. My Commission expires: /O—/s2 -p7 Nota r Public 940486 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-487 for Tom and Margaret Russell in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23rd day of February, 1994. 1 940486 \ ' DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WI I DWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO DATE: February 11, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-487 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 15, 1994, 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: Tom and Margaret Russell FOR: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Located approximately 1500 feet north of Weld County Road 12; approximately 1500 feet west of Weld County Road 5; and west of and adjacent to Carmacar Ranchettes. 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. 940486 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS Tom and Margaret Russell Z-487 Victor and Florence Kear 5517 Aspen Avenue Erie, CO 80516 Sharren Lynn Ester 5487 Aspen Avenue Erie, CO 80516 Troy Glenn Jones 5457 Aspen Avenue Erie, CO 80516 Elden E. and Barbara D. Moore 5427 Aspen Avenue Erie, CO 80516 Dean A. and Sheila M. Koenig 5397 Aspen Avenue Erie, CO 80516 Michael J. and Carolyn L. Mahoney 5506 Fir Avenue Erie, CO 80516 Barbara R. Van Zuiden and William R. Sherman 5476 Fir Avenue Erie, CO 80516 Chester C. and Margaret J. Haun 5446 Fir Avenue Erie, CO 80516 William V. and Linda A. Cook 5416 Fir Avenue Erie, CO 80516 Francis S. and Donna L. Walsh 5386 Fir Avenue Erie, CO 80516 Richard and Carmen V. Chavez 5346 Fir Avenue Erie, CO 80516 940486 James L. and Georgina L. Davis 1843 Pikes Peak Erie, CO 80516 Ronald Scott and Linda K. Hidalgo 1813 Pikes Peak Street Erie, CO 80516 Richard E. and Wilma L. Ketelboeter 5306 Fir Avenue Erie, CO 80516 Duane and Charlotte Kramer 1781 Spruce Drive Erie, CO 80516 LaVerne D. and Dixie R. Krueger 1841 Spruce Drive Erie, CO 80516 Gary 0. and Sonja K. Bean 1760 Spruce Drive Erie, CO 80516 Douglas M. and Deborah M. Lenz 1780 Spruce Drive Erie, CO 80516 Marvin R. and Susan M. Thompson 1820 Spruce Drive Erie, CO 80516 Clarence E. and Caroline B. Foster 13610 Huron Broomfield, CO 80020 Joseph L. and Wendy N. Lomeli 1677 Weld County Road 12 Erie, CO 80516 Anthony T. and Lucille A. Gardella 1675 Weld County Road 12 Erie, CO 80516 David T. and Judith A. Somsky 1673 Weld County Road 12 Erie, CO 80516 940486 Donald J. and Jeanne M. Crutchley 5579 Fir Avenue Erie, CO 80516 Mark S. and Marilee J. Bella 5557 Aspen Drive Erie, CO 80516 Kenneth R. and Vanda D. Vaughters 5566 Fir Avenue Erie, CO 80516 Farm Credit Bank of Wichita 127 22nd Street Greeley, CO 80631 Union Pacific Railroad Company 1860 Blake Street Denver, CO 80202 940486 CASE NUMBER: Z-487 DATE: March 15, 1994 NAME: Tom and Margaret Russell ADDRESS: 1710 Lashley Street, Longmont, CO 80501 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1500 feet north of Weld County Road 12; west of and adjacent to Carmacar Ranchettes and approximately 1500 feet west of Weld County Road 5. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: This proposal is not consistent with the Weld County Comprehensive Plan' s Goals and Policies. This proposal is located in the A (Agricultural) zone district and is evaluated under the Residential, Agricultural, Open Space, Economic, Urban Growth Boundary, and Environmental Quality Goals and Policies. According to Section 21.5.1.1 of the Weld County Zoning Ordinance, the applicant shall demonstrate that the proposal is consistent with the Weld County Comprehensive Plan, or the zoning of the property is faulty, or changing conditions in the area warrant a change of zone. The applicant indicated the proposal is consistent with the Comprehensive Plan. This particular application is not adjacent to a municipality, constitutes leap-frog development, and is located on prime farmland. The Residential, Agricultural, Urban Growth Boundary, Open Space, Economic and Environmental Quality Goals and Policies of the Weld County Comprehensive Plan demonstrate this change of zone should be denied. Several sections of the Comprehensive Plan do not support the applicants' proposal. The Residential Development Sections which do not support this application include Residential Goals 3 and Residential Policies 1, 2, and 4. Agricultural Goals 1, 2, 4, and 6 and Agricultural Policies 1, 3, and 10 indicate this application should be denied. Urban Growth Boundary Goals 1 and 3 and Urban Growth Boundary Policies 1 and 2.C do not support this application. Other Comprehensive Plan Sections which should be evaluated and do not support the proposed land use include Open Space Policy 1, Economic Goal 2, and Environmental Quality and Natural Resources Goal 1. The Weld County Comprehensive Plan discusses existing land use by stating on page 14, that "The way land is presently used is one of the most important considerations in land-use planning. Most existing development will remain in the future and will have a strong influence on the future pattern of development and land use in the County. . . With the land area of the County remaining constant, increases in the land area of urban-type uses brings about decreases in the land area of farmland. The percentage of urban-type land use is probably 940486 RECOMMENDATION, Z-487 Tom and Margaret Russell Page 2 not as significant as the pattern of use. " The soils on this property are classified as prime, in other words, the best. This soil is also classified as having fair to poor soils potential for urban development, in other words, practically the worst. AGRICULTURAL The problem of competition and conflict between urban and rural land use interests exists. The Weld County Comprehensive Plan recognizes this and states, "As urban areas continue to expand, these [agricultural] resource lands are either directly converted to urban uses or are adversely impacted due to inherent conflicts between rural and urban activities. " And on page 23, the Weld County Comprehensive Plan states, "Other burdens to the farmer have occurred from restrictions on normal farming practices in areas encroached upon by residential, commercial, and industrial uses. " Unlike other industries that are free to relocate, agriculture is rooted to the soil in a specific time and place. The agricultural zone district is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses. The soil at this location has been identified as prime agricultural land by the U.S. Department of Agriculture. Allowing residential uses in this location will remove this prime resource from production. Agricultural Goal 4 seeks to "encourage residential. . . development to locate adjacent to existing incorporated municipalities" . The proposed change of zone is approximately two miles away from the nearest municipality, and therefore, not adjacent to any existing incorporated municipality and constitutes leap-frog development. URBAN GROWTH BOUNDARY The urban development goals and policies are designed to plan for anticipated growth by directing urban uses and development to existing cities. . . which can provide the necessary urban services. The Urban Development Section of the Weld County Comprehensive Plan addresses the preservation of prime agricultural land by considering its relationship to the entire system of land use and development within the County and the region. These goals and policies reflect a basic commitment to conserving natural and managed resources while directing growth. The first urban growth boundary goal is to, "Concentrate urban development in or adjacent to existing municipalities" . This proposal is two miles from any municipality. 940486 RECOMMENDATION, Z-487 Tom and Margaret Russell Page 3 ECONOMIC The Comprehensive Plan indicates, "The County shall provide land-use goals and policies which foster the economic health and continuance of agriculture" . One way of providing for the continuance of agriculture is to incorporate all elements of the Comprehensive Plan in any decisions which are made regarding a change in land-use. By denying this application, agricultural production can continue in this location. CONCLUSIONS The goals and policies of the Comprehensive Plan encourage residential uses to locate in existing municipalities or in areas where municipalities have planned for orderly expansion through annexation. Weld County should encourage a compact form of urban development adjacent to towns and cities by directing residential growth to those areas where urban services are already available before committing alternate areas to residential use. Furthermore, the goals and policies of the Weld County Comprehensive Plan specifically discourage residential uses to locate on prime agricultural land. This land should be utilized for agricultural production. Finally, the Weld County Comprehensive Plan has the burden of recognizing and appropriately dealing with the inherent conflict between agricultural and urban uses not only on elected officials, but the applicants themselves by stating on page 24, "It is important that Weld County representatives and officials recognize their role in reducing the conflicts between agricultural uses and residential, commercial and industrial uses. Individuals who find themselves with land designated and zoned in a manner that does not accommodate their intended use should consider seeking other more suitable lands; such a transition will be to the long-term benefit of both the individual and the public. " 940486 0. Si � POTENTIAL PRIME FARMLANDS 0 WELD COUNTY, COLORA'f 4 aDO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME rM FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- � . NOTE BOL MAP UNIT NAME * 1 ALTVAN LOAM, 0 TO 1 PCT SLOPES * 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES ' , * 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2* 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES 4.;" * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES * 9 ASCALON LOAM, 1 TO 3 PCT SLOPES11 * 11 BRESSER SANDY LOAM, 0 TO 1 PCT SLOPES * 12 BRESSER SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES Iklt 15 COLBY LOAM, 1 TO 3 PCT SLOPES r * 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES * 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPESth* 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES j „' * 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAM, 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES • 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES * 30 JULESBURG SANDY LOAM, 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES 32 KIM LOAM, 1 TO 3 PCT SLOPES * 39 NUNN LOAM, 0 TO 1 PCT SLOPES --r--40 t3UNN-LOAW, 1 TO 3 PCT SLOPES_ _� . * 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES • 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES j 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 47 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES 50 OTERO SANDY LOAM, 0 TO 1 PCT SLOPES f , 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTERO SANDY LOAM, 3 TO 5 PCT SLOPES * 54 PAOLI LOAM,. 0 TO 1 PCT SLOPES * 55 PAOLI LOAM, 1 TO 3 PCT SLOPES • 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 ULM CLAY LOAM, 3 TO 5 PCT SLOPES ' 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES * 78 WELD LOAM, 0 TO 1 PCT SLOPES e * 79 WELD LOAM, 1 TO 3 PCT SLOPES ; • 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 . WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES 82 WILEY-COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 83 WILEY-COLBY COMPLEX, 3 TO 5 PCT SLOPES (more) 61 940486 28 SOIL SURVEY r,% •:.=. 40—Nunn loam, 1 to 3 percent_slopes._This is a deep, vegetation should be continued for as many years aR well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and, • feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern ,, are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and't deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac,,° sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked • brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape " The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop. Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range_. capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities,. hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited to all crops com- This soil has fair to poor potential for urban develop- manly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. 41—Nunn clay loam, 0 to 1 percent slopes. This is a Most nonirrigated areas are used for small grain. The deep, well drained soil on terraces and smooth plains at soil is summer fallowed in alternate years. Winter wheat elevations of 4,550 to 5,150 feet. It formed in mixed allu- is the principal crop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small, wheat can be seeded. Generally precipitation is too low long and narrow areas of sand and ravel deposits and for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding., Such practices as stubble mulch farming, striperopping, Some small leveled areas are also included. and minimum tillage are needed to control soil blowing Typically the surface layer of this Nunn soil is grayish and water erosion. • brown clay loam about 9 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loam about 14 inches thick. The upper grama. Several mid grasses, such as western wheatgrass part of the substratum is clay loam. The lower part to a and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. tion ranges from 1,600 pounds per acre in favorable years Permeability is moderately slow. Available water to 1,000 pounds in unfavorable years. As range condition capacity is high. The effective rooting depth is 60 inches deteriorates, the mid grasses decrease; blue grama, buf- or more. Surface runoff is slow, and the erosion hazard is falograss, snakeweed, yucca, and fringed sage increase; low. and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. It nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ- Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes, on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is 3 l tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage, Sideoats grama, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prac- grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. suitable for seeding. The grass selected should meet the All methods of irrigation are suitable, but furrow ir- seasonal requirements of livestock. It can be seeded into rigation is the most common. Barnyard manure and com- a clean, firm sorghum stubble, or it can be drilled into a mercial fertilizer are needed for top yields. . firm prepared seedbed. Seeding early in spring has Windbreaks and environmental plantings of trees and '. proven most successful. shrubs commonly grown in the area are generally well Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competing shrubs commonly grown in the area are generally well vegetation should be continued for as many years as suited to this soil. Cultivation to control competing possible following planting. Trees that are best suited and 94:0486 WELD COUNTY, COLORADO, SOUTHERN PART 29 have good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by redcedar, ponderosa pine,.Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also hackberry. The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1,000 pounds lilac, Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil. The years. As range condition deteriorates, a blue grama-buf- cropland areas provide favorable habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- pheasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. be attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based cover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is ment, especially in areas of intensive agriculture. desirable if the range is in poor condition. Western This soil has fair to poor potential for urban develop- wheatgrass, blue grama, sideoats grama, buffalograss, pu- ment. It has moderate to high shrink swell, low strength, bescent wheatgrass, and crested wheatgrass are suitable and moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal problems in dwelling and road construction. Those areas requirements of livestock. It can be seeded into a clean, that have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be drilled into a firm substratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven and foundations. Some areas of this soil are adjacent to most successful. streams and are subject to occasional flooding. The poten- Windbreaks and environmental plantings are generally tial is fair for such recreational development as camp and well suited to this soil. Cultivation to control competing } picnic areas and playgrounds. Capability class I irrigated. vegetation should be continued for as many years as 42—Nunn clay loam. I to 3 percent slopes_This is a possible following planting. Trees that are best suited and deep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern elevations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine, Siberian elm, Russian-olive, and vium and eolian deposits. Included in mapping are small, hackberry. The shrubs best suited are skunkbush sumac, long and narrow areas of sand and gravel deposits and lilac, Siberian peashrub, and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The Some leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape brownish gray clay loam about 14 inches thick. The upper cover. For pheasants, undisturbed nesting cover is essen- part of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat develop- The lower part to a .depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture. Range- loam. land wildlife, for example, the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by developing livestock watering facilities, capacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- hazard is low. ment. It has moderate to high shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability. These features create • monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields followed by corn, corn for silage, sugar beets, small grain, and foundations. Some areas of this soil are adjacent to or beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The poten- content or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and restrict some crops. picnic areas and playgrounds. Capability subclass Ile ir- All methods of irrigation are suitable, but furrow ir- rigated, IIIc nonirrigated; Clayey Plains range site. rigation is the most common. Proper irrigation water 43—Nunn loamy sand, 0 to 1 percent slopes. This is a management is essential. Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4,700 cial fertilizer are needed for top yields. to 4,900 feet. It formed in alluvium along Box Elder In nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that grain and it is summer fallowed in alternate years. have a loamy subsoil and small areas of soils that are sub- Winter wheat is the principal crop. The predicted average ject to rare flooding. yield is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown spring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil low for beneficial use of fertilizer. is dark to very dark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is lage are needed to control soil blowing and water erosion. loamy very fine sand, loamy sand, or sand. i 9410486 • ( r DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 4: 4. 0 1400 N. 17TH AVENUE S GREELEY, COLORADO 80631 COLORADO February 11, 1994 Tom and Margaret Russell 1710 Lashley Street Longmont, CO 80501 Subject: Z-487 - Request for a Change of Zone from A (Agricultural) to E (Estate) on a parcel of land described as part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Russell: Your application and related materials for the request described above are complete and in order at the present time, except for information concerning a potential coal resource located under the subject property. I have scheduled a meeting with the Weld County Planning Commission for March 15, 1994, 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. The Planning Commission may continue this case if the Colorado Geological Survey has not reviewed the coal resource information and submitted a recommendation by the March 15, 1994, Planning Commission Meeting. 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 Erie and the Tri-Area Planning Commissions for their review and comments. Please call Scott Hahn, in Erie, at 665-3555, and Jay Curtis, with Tri-Area, at 833-3819, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Erie and Tri-Area Planning Commission Meetings 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 March 2 , 1994, you or a representative should call me to obtain a sign to be posted on the site no later than March 4, 1994. 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. 940486 Tom and Margaret Russell February 11, 1994 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 Thompson Current Planner 94.0486 REFERRAL LIST NAME: Tom and Margaret Russell CASE NUMBER: Z-487 REFERRALS SENT: February 11, 1994 REFERRALS TO BE RECEIVED BY: February 25, 1994 COUNTY TOWNS and CITIES _Attorney _Ault X Health Department ____Brighton _Extension Service _Broomfield _Emergency Management Office ____Dacono X Sheriff' s Office Eaton X Engineering X 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 Keenesburg • X Oil and Gas Conservation Commission 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 • X Mountain View F-10 _Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ _Pawnee F-22 Adams Platteville F-13 • X Boulder Platte Valley F-14 Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _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 Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins • X Tri-Area Planning Commission Greeley X Longmont School District ' X Longmont X Leyner-Cottonwood West Adams Consolidated Ditch Company c/o Sara Wise COMMISSION/BOARD MEMBER 11497 Jasper Road ' X Judy Yamaguchi Lafayette, CO 80026 940486 • REZONING APPLICATION Ass // z qi 7 Weld County, Colorado J] Q� Dept. of Planning Services App. Ch'd By: 6 1) Date Rec'd: —1/— 915 10th Street App. Fee: J /100 6 Receipt 1/: Greeley, Colorado 80631 Record. Fee Receipt /1: 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 - - Y. Colorado: LEGAL DESCRIPTION: t S EX }/ BIT . A JAN 2 1994 Afold Ntunty Planning (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE AgriculturalPROPOSED ZONE Estate TOTAL ACREAGE 42 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED.OR REZONING: Name: Tom P Margaret Russell Home Telephone //: 772-2864 Address: 1710 Lashley Street Bus. Telephone 1/: same Longmont Co 80501 Name: Home Telephone //: Address: Bus. Telephone 1/: Name: Home Telephone //: Address: _ Bus. Telephone I/: Applicant or Authorized Agent (if different than above) : Name: Home Telephone 1/: 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:Union Pacific Railroad Address: 1860 Blake St. Denver, Co 80202 Name: Amoco Production Company Address: P.O. Box 591 Tulsa, Oklahoma 74102 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. x0FWELD ) / ,f r �) OF COLORADO ) // G' jf G C4 /�(�-e6 G•c-'/ erjYL. Signature: Owner or Authoriz d Agent f,;.. P U u and sworn to before me this 7.day of , 19 (4. NOTARY PUBLIC May 27, 1997 My Commission expires: 940486 02/15/94 12:02 •$3b. 776 4041 EMPIRE LABS 11002 02/13/94 11:17 53'1(,- 484 0454 EMPIRE LASS. •- LONGMONT 1 002 Empire Laboratories, Inc. a Division of The Terraeon Companies. Inc. �9� PA Co 503 • 3ra No.Howes 11"ryl r Fpm Rea SO,Colorado BOSS dsr i0r 11)14.February 15, 1994 ji FEB 1 1994 Chester C; Smith,r,, . Neil it enmrod,4PG 4rnlrf e'nIPMI i'fdnnrRg Ms. Margaret Russell 1710 Lasaley Longmont, Colorado 80501 Re: Russell Property East 1/2 Section 5 Township 1 North Range 68 West Weld County, Colorado Project No. 22941012 Dear Ms. Russell: Empire Laboratories, Inc. has reviewed geologic literature pertaining to coal and bedrock formations and surficlai deposits at the above-referenced site. we understand there Is concern regarding the availability of coal and/or send and gravel deposits at the above-referenced project. A map prepared by Amuedo and Ivey for the Colorado Geological Survey in a study titled "Coal Mine Subsidence and Land Use In The Boulder-Weld Coal Field, Boulder and Weld Counties, Colorado" dated March 1976 indicates the area is outside the area of the Boulder-Weld coal field and areas that have been mined for coal in the past. Three northeast-southwest trending faults arc located on and adjacent to the property. The faults generally control the bedding and the coal deposits in the area. The geologic map of Colorado indicates the site is underlain by a transitional bedrock formation consisting of the Laramie Formation and the Foxhills sandstone. The Foxhills sandstone is a massive cross-bedded and ripple-marked sandstone which is conformable with the top of the underlying Pierre Shale. The lower 2/3rds of the Foxhills sandstone is fine- to coarse-grained and slightly calcareous, while the upper 1/3rd is fine- to medium-grained and cross bedded. The thickness of the Foxhills formation ranges from 60 to over 300 feet and appears to have been controlled by fault movements oontomporeneous with deposition. The Laramie formation conformably overlies the Foxhills sandstone and is divided into two pans. The lower part which varies in thickness from 80 to 125 feet Is composed of sandstone, claystone, clay, shale and coal. The upper part, 600 to 700 feet thick, is made up of claystone and sandy shale and some lenticular beds of sandstone and coal. The total thickness of the formation ranges from 600 to more then 800 feet. Seven coal beds of minable thickness occur in the Laramie formation. It appears the sandstone of the Foxhills is a delta front deposit, and the sandstone, claystone, sheltie and coal beds of the Laramie Formation are delta plain deposits. Unequal rates of deposition caused by channels within the deltaic environment produced lenticular coal beds and lithologic units of highly variable thickness and composition. Fault movement contemporaneous with the deltaic sedimentation also effected the depositional patterns of the two formations. This sggrowth faulting allonts end wed increased antaa of The Tenx=a ae natiMn.Ins. arlaane: lemon ■ Cearaoo: Colorado Springs.Donor,Fr.canine,Greek",I,namunt • Iauhu, Boise ■ Ilenotss, Bloomington. Cnitapa,gook 10.4 M Iowa: Cedar rata.Cedar Mpl&+.Davenport.an Moines,rearm Leka a lemma: Lenexe Nriadt Loo,ro oea�, Wlcnha ■ Minnwaa: Y Paul a Mireout: naa:aa City • Ntb.aaka: Oman.Ornana e ■ Meow: oklanoma Clly,T.Ica ■ Teror. Oanae • Ulbh: All Len Oily • Wyontln9: Chrpnna QUALITY ENGINEERING SINCE toss FEB 15 '94 12:00 303 776 4041 PAGE.002 94Y04S6 02/15/94 12:03 e3U 776 4041 EMPIRE LABS a003 02/15/94 11.17 1,3,2 484 0484 EMPIRE LABS. — - 1,0NGM0NT t 009 Terrucn Me. Margaret Russell Page 2 February 1S, 1994 deposition In the graben areas as the fault blocks moved downward. As a result,vegetation which later formed coal accumulated In greater thicknesses In the grabens then over the horsts. Based on the geology of the area, it appears the above-referenced site Is adjacent to the western edge of the Boulder-Weld Coal field and is underlain by the transition between the Laramie Formation to the east and the Fuxhilis sandstone to the west. Based on this data, it would appear that any minable coal exists to the east of the site in the Laramie Formation. . Special Publication SA "Sand, Gravel, and Quarry Aggregate Resources, Colorado Front Range Counties" by Schwochow, R. R. Shrobe and P.C. Wickleln, indicates the site is not underlain by economic deposits of sand, gravel or quarry aggregate. Based on our geologic research.it would appear the site Is not underlain by economic deposits of coal and/or aggregate. Consideration should be given to drilling test borings on the site to determine if economic deposits of coal or aggregate exist on the property. If you have any questions regarding our findings, please contact us. Sincerely, r;.0" '`icy EMPIRE LABORATORIES. INC. r•r,; f k' '9.141 A DivisionIf , of The T anon Companies. Ina. e, � �w' AIM 1s NI d Senior Engineering Geologist • `'trFr=i't Reviewed by: to 4,1 Chester C. Smith, P.E. -I 1 • ,� 40018 Division Manager3. ' 'V NRSICCSIcIc 4pF�° FEB 15 '94 12:01 303 776 4041 PAGE.003 9110486 RUSSELL PROPERTY REZONING APPLICATION Weld County Comprehensive Plan Criteria Evaluation December 28, 1993 940486 Introduction: The Russell property lies in the East % of Section 5, T1N, R68W of the 6th PM, Weld County, Colorado. Currently the property is used for agricultural purposes and is proposed to contain about 15 residential lots with a minimum area of 2.5 acres. Following is a narrative addressing the Weld County Comprehensive Plan (WCCP) criteria concerning residential development. General: As stated in the WCCP, "The intent [of the low, medium and high density uses] is to establish residential areas that reflect particular life style choices, including dwelling unit type, density, environmental setting, and convenience levels" . The proposed dwelling types will be compatible with the proposed Estate zoning. Covenants will be provided by the owners that will specify, among other things, the proposed building materials and minimum floor areas. The project is geared to up-scale housing in a rural environment. The density was chosen not only with respect to the current building market, but to the desires of the adjoining property owners. The owners, through their family, contacted many of them. The result was that most acknowledged the development potential of the Russell's property, and they were more comfortable with the estate lot scheme then a higher density development. The environmental setting is typical of this portion of the county. Agricultural activity prevails and is interspersed with irrigation facilities, roads and natural features. There are no streams crossing or adjoining the property. There is a ditch (Cottonwood) existing along the southerly boundary of the property and a short tailwater lateral (to be abandoned) within a portion of the land north of the ditch. No significant wetlands exist on the site and we are not aware of the existence of endangered species, significant migratory activity or other items of environmental concern. Residential Goals: 1. Promote the development of affordable, quality housing for all Weld County Residents. This project will accommodate a market nitch for housing starting at $150,000 approximately. The covenants will be written in such • a way that appropriate building materials, such as brick and attractive wood finishes, will be mandatory. There are very few single family detached units built for less than $110,000 to $120,000 on the front range at this time. The proposed development addresses both of the above criteria. 2. Insure that adequate public services and facilities are available to serve the residential development or district. This project will be similar to the proximate Carmacar Ranchettes and Parkland Estates in the sense that the same service area for water, fire, Police and ambulance will be incorporated. The Town of Erie will provide many of the services needed for this community including automotive and general shopping. 3. Promote efficient and cost effective delivery of public facilities and services to residential development or districts. The efficiency implied with this proposal is it's proximity to existing rural subdivisions. This 9C0486 is not a remote location and it is not difficult to extend the existing services to accommodate this project. Residential Policies: The following is numbered according to the WCCP. 1. Currently we understand that the municipal urban growth boundary is an area within 3 miles of the existing municipal boundary. This project falls within that area. Discussions with several individuals, including the Erie town Manager, indicated that Erie was not interested in annexing this project (WCCP criteria 2(A)1, page 33) . This project 2. We feel that this project falls within the standards of the Town of Erie. The only exception is the fact that the subject property will not be serviced by public sanitary sewer. It is conceivable that the existing sewer mains in Erie may be extended to this property, but the cost is clearly prohibitive. If Erie extends its boundaries and infrastructure to this property, there is a possibility that the septic systems could be abandoned with service connection to the sewer main. 3. Page 24 of the WCCP states that the " . . .County agricultural goals and policies have been developed to. . .preserve the agricultural industry and farming as a way of life. These goals and policies also address the Counties responsibility to manage, accommodate, and insure that adequate public services are available for residential, commercial, and industrial growth that is expected to occur" . We believe that this statement affirms the appropriateness of this site to develop. 4. This development is in conformance with both criteria of developing within urban growth boundary areas and existing service areas. S. This property will be slightly less dense than Carmacar Ranchettes and somewhat more upscale in terms of. architecture. Because of the low density proposed (0.4 units per acre, or 2.5 acres per unit) the traffic and noise impacts are mitigated. The streets will be paved, and will not create traffic generated dust problems. 6. We understand that the existing Right-Of-Way adjacent to the property is adequate. If the Rezoning application is approved, the applicants will ultimately proceed with site engineering analysis and construction drawings. The adjoining streets will also be evaluated by staff. The applicants are willing to perform such work as is deemed necessary to address all concerns raised at that time. 7. There are no significant natural features on the property. Existing irrigation ditches and surface runoff patterns will be preserved. 8. We feel that the adjoining residents would have a problem with a higher density development. No multiple unit housing or mobile homes are proposed. 9, 10 and 11 are not applicable. 940486 Urban growth Boundary Policies: 1. Erie is not interested in a flagpole annexation of the property. 2(A) Part 1 of this section is met. 2(8) We feel that these criteria are met. 2(C) This property is within Erie's urban growth area. 2(D) A general financial evaluation of the impact of this development follows. Some of the values are approximate. This break-down is simply to get a general flavor of the fiscal impact to the County. I. REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units C2.25m 3(1) x factor C 12.86% ](2) = Assessed Valuation C 290,000 ] Total Assessed Valuation C 290,000 ] Total Assessed Valuation C 290,000 ] x School mill levy C 51.354 mills ] = School Property Tax Revenuel 14,900] Total Assessed Valuation C 290,000 ] x Fire District mill levy C 9.664 mills l = Fire District Property Tax Revenue C 2,8003 Total Assessed Valuation C 290,000 ] x County mill levy C 22.457 mills ] = County Property Tax Revenue C 6,512 ] Total Assessed Valuation C 290,000 ] x all other mill levies C 2.937 mills ] = Other Property Tax Revenuel 851] Total Property Tax Revenue I $25,063 ] 2. Sales Tax. • Population in the development C 45 ] x the last year's per capita collection C $75 (7) = total annual sales tax revenue C 3,375 ] 3. Water Revenue. NA 4. Sewer Revenue. NA 940486 5. Other Revenue (taxes, fees, permits, etc. ) . Population in the development C 45 ] x the last year's per capita collection C 875 ] = total annual sales tax revenue C 3,375 7 TOTAL RECURRING REVENUE C $31,813] B. One-Time Revenues. 1. Building Permits. Number of prop. structure(s) C 15 ] x factor C 845.00 ] = building permit revenue C 6751 2. Use Taxes. Market value of structure(s) I 2.25m ] x 50% x 2% = use tax revenue C 22,500 ] TOTAL ONE TIME REVENUE C $ 23,125 ] II . EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development C 42 ] x 4% x factor C $1,200.00 ] = total street maintenance costs C 2,016 ] 2. Police Protection. Projected population at full development C 45 x per capita cost of police protection C 823.87 = total police protection costs C 1,075_] 3. General Government. Projected population at full development C 45 x per capita cost of general government C $87.18 = total general government costs C 3,923 ] 7. Storm Water and Drainage. Projected population at full development C 45 ] x per capita cost of storm water and drainage maintenance C 25 ] = total storm water costal 1,125 ] TOTAL RECURRING COSTS C $8,139 ] 940486 B. One-Time Costs. No County water or sewer PIF TOTAL ONE-TIME COSTS ( ] TOTAL RECURRING REVENUES C $ 31,813 ] TOTAL RECURRING EXPENDITURES C $ 8,139_] DIFFERENCE ( 8 23,674 ] TOTAL ONE-TIME REVENUES C S 23,125 ] TOTAL ONE=TIME EXPENDITURES [ $ -0- ] DIFFERENCE C $ 23,125 ] Parts 2(D)1 through 2(D)3 of the WCCP, page 34, relate to proposals for distributing costs of infrastructure improvements and indications of when these improvements should be made. The only items that affect the County are road pavement and roadside swales. The pavement may need a chip or slurry seal in 12 years or so and an overlay in 20 years. The swales will need to be cleaned of sediment twice a year. If the County deems it necessary, the owners would be willing to discuss alternative methods of maintaining these improvements. 2(E)This development will clearly be compatible with the adjoining land uses. An extension of the internal road system to the north property line of the land to the south is proposed to accommodate a possible connection if that property develops. 940486 STATEMENT CONCERNING ADJACENT PROPERTY USE Russell Property The properties immediately to the west, south and north are in agricultural use. The property to the east, Carmacar Ranchetts, consists of single family detached dwelling units . The property about 1 , 000 feet to the south, Parkland Estates, is also developed in somewhat the same fashion. The property directly to the south has had some land planning done and currently contains 3 dwelling units . STATEMENT CONCERNING HAZARDS OR SPECIAL ZONES This property is not in any designated floodplain or Airport Overlay District. No geologic hazard area exists on this site to the best of our knowledge . 9C0486 SOIL STUDY Russell Property The following evaluation is reliant upon the Soil Survey of Weld County, colorado, Southern Part, U .S . Dept. of Ag . , Soil Conservation Service, sheet 28 . The property is designated as having type 40 and 42 soils (Nunn) with the following characteristics; Building sites and road construction may exhibit some shrink and swell potential . This can be accommodated, if need be, with caissons instead of spread footings for the buildings and an appropriate structural cross section for roads . Sanitary facilities exhibit moderate to severe constraints with permeability being "moderately slow" . It should be noted here that the Carmacar Ranchett development across Fir Drive from the subject site, has had numerous septic systems installed and have been operating successfully for several years. We expect that the site will readily receive septic systems . The property will have a geotechnical investigation done. Part of that study will be an evaluation of the perc rates for the soil . All construction will be done in compliance with Weld County Department of Health regulations . Further, it should be noted that the Nunn soils may exhibit a strata of well drained sandy material beginning at depths of 20" to 40" . This condition would certainly help with the design of standard septic absorption fields . We would classify these soils as having moderate constraints with the limitations able to be overcome by the means mentioned above. 940486 R.68 W ,«.. t ,u .Q. i1 •rya, jn t f W' 40`07 30" b ; , -,, ,..< 21 �' e / y , ' AO 53y f 4 ri: r. try 4.. 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' ,xw p24 " x ,0 LEGAL DESCRIPTION FILE NO. 985375 PAGE 1 OF 1 "EXHIBIT A" THAT PORTION OF THE EAST 1/2 OF SDCI'ON 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 5 WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 5 BEARS SOUTH 00 DEGREES 23 MINUTES WEST 266.00 r'EEr; THENCE ALONG SAID NORTH-SOUTH CENTERLINE NORTH 00 DEGREES 23 MINUTES EAST 2468.13 FELT; THENCE NORTH 90 DEGREES 00 MINUTES EAST 1308.58 ruff TO THE WESTERLY RIGHT-OF-WAY LINE OF FIR AVENUE, A PLATTED STREET IN CARMACAR RAN HETTES, A RECORDED SUBDIVISION IN WELD COUNTY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES AND DISTANCES: SOUTH 00 DEGREES EAST 965.07 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 240.00 FEEL' AND A CENTRAL ANGLE OF 30 DEGREES 36 MINUTES; THENCE ALONG THE ARC OF SAID CURVE 128.18 r'E;2T TO THE END OF SAID CURVE; THENCE SOUTH 30 DEGREES 36 MINUTES WEST 142.72 rxta'; THENCE SOUTH 25 DEGREES 02 MINUTES 48 SECONDS WEST 60.00 FEEL' TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SPRUCE DRIVE; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE AND ALONG A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 250.00 Pam AND A CENTRAL ANGLE OF 27 DEGREES 15 MINUTES 08 SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 118..91 eLwr TO THE END OF SAID CURVE; THENCE ALONG THE SLY LINE OF SAID CARMACAR RANC ETTES, SOUTH 52 DEGREES 17 MINUTES 56 SECONDS WEST 250.00 FEET TO THE SOUTH-WEST CORNER OF SAID CARMACAR RAMC ETTES; THENCE NORTH 72 DECREES 02 MINUTES WEST 216.00 r'EEr; THENCE NORTH 68 DEGREES 28 MINUTES WEST 456.00 FEt;r; THENCE SOUTH 80 DEGREES 48 MINUTES WEST 62.00 FEET; THENCE SOUTH 48 DEGREES 19 MINUTES WEST 226.00 kte2; THENCE SOUTH 41 DEGREES 55 MINUTES WEST 205.00 BEET; THENCE SOUTH 28 DEGREES 21 MINUTES WEST 80.00 PEER; THENCE SOUTH 00 DEGREES 13 MINUTES EAST 282.00 ?Eta; THENCE SOUTH 01 DEGREES 08 MINUTES WEST 513.50 FEET; THENCE SOUTH 53 DEGREES 43 MINUTES WEST 55.00 FELT '10 THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. 900456 Rusc 211 Zone Change Case Number Date: 12/29/93 Aggricultural District to Estate District Page 1 of 2 tar E 3/4 XPE 403 I I � I I ' I i ' gV I t 1 Legal Description That portion of the East k of Section 5, Township 1 North, Range 68 West of the 6th P.M., WELD COUNTY, COLORADO, more particularly described as follows: I I Beginning at a point on the North-South centerline of said Section 5, whence the SouthQuarter corner of said Section 5 bears South 00°23' West 266.00 feet; thence along said North-South centerline North 00°23' East 2468.13 feet; thence North 90°00' East 1308.58 feet to the Westerly right-of-way • line of Fir Avenue, a platted street in Carmacar Ranchettes,- a recorded subdivision in Weld County; .a thence along said Westerly right-of-way line the following three (3) courses and distances: South 00°00' East 965.07 feet to the beginning of a tangent curve to the right, said curve having a radius of 240.00 feet and a central angle of 30°36' ; thence along the Arc of said curve 128.18 feet to the end of said curve; thence South 30°36' West 142.72 feet; • thence South 25°02'48" West 60.00 feet to the Southwesterly right-of- way line of Spruce Drive; thence along said Southwesterly right-of- ay line and along a tangent curve to the right, said curve having a radius of 250.00 feet and a central angle of 27°15'08"; thence Southeasterly along the arc of said curve 118.91 feet to the end of said curve; thence along the Northwesterly line of said Carmacar Ranchettes, South 52°17' 56" West 250.00 feet to the South-West corner of said Carmacar Ranchettes; thence North 72°02' West 216.00 feet;' thence North 68°28' West 456.00 feet; thence South 80°48' West 62.00 feet; thence South 48°19' West 226.00 feet; thence South 41°55' West 205,00 feet; . thence South 28°21' West 80.00 feet; thence South 00°13' East 282.00 feet; thence South 01°08' West 513.50 feet; thence South 53°43' West 55.00 feet to the poi-r. -eginning. 940486 Russell Zone Change Case Number Date: 12/29/93 Aggricultural District to Estate District Page 2 of 2 tr/Cost-en fir SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared under my supervision; d.t a{ the sa 82 i ' is correst to the best of my knowledge and belief. ,,/ ',WI. -7 C -LLB-3 C., t SUCk �P tf V T • COLORADO PLS NO. If AS . PROPERTY OWNERS APPROVAL: I Tom L. Russell & Margaret I. Russell, being the sole owners in fee of the above described property, do hereby request the zoning as shown on the attached map. The foregoing certefication was acknowledged before me this _ day of _A.D 1993. Witness my hand and seal. My commission expires: — Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as shown and described hereon this day of 1993. Chairman, Planning Commission BOARD OF COUNTY COMMISSIONEERS CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby confirm, approve and adopt this Zone Change as shown and described hereon this day of 1993. ATTEST: Weld County Clerk to the Board Chairman, Board of County Commissioners By. --- Deputy Clerk to the Board 940486 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment Number: 985375 1. Effective date: December 20, 1993 at 7:30 A.M. 2. Policy or policies to be issued: Amount Premium (A) ALTA Owner's Policy - Proposed Insured: $ 85,000.00 $ 612.00 TO BE DETERMINED (B) ALTA Loan Policy - Proposed Insured: $ - 0 - $ - 0 - NONE (C) ALTA Loan Policy - Proposed Insured: $ -0- $ -0- TOTAL $ 612.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee simple and title thereto is at the effective date hereof vested in TOM L. RUSSELL AND MARGARET I. RUSSELL, AS TENANTS IN COMMON. 4. The land referred to in this Commitment is described as follows and shall hereinafter be referred to as the "Property": SEE "EXHIBIT A" ATTACHED Issued at: 1875 LAWRENCE STREET, SUITE 1200 CHICAGO TITLE INSURANCE CO. on: December 30, 1993 940486 SCDEDULE B - 1 Requirements Commitment Number: 985375 The following are to be complied with: A. THIS COMMITMENT IS SUBJECT TO SUCH FURTHER EXCEPTIONS AND/OR REQUIREMENTS AS MAY APPEAR NECESSARY WHEN THE NAME OF THE PROPOSED INSURED HAS BEEN DISCLOSED. NOTICE: In the event we are requested to perform closing functions in connection with the proposed transaction, we must require, as a condition of closing, information from the seller, as required by the Tax Reform Act of 1986, including the Seller's tax identification number or Social Security Number and forwarding address. 94,0486 SCHEDULE B - 2 EXCEPTIONS Commitment Number: 985375 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquired of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. ALL COAL AND OTHER MINERALS WITHIN OR UNDERLYING THE SE 1/4 OF SAID SECTION 5, TOGETHER WTIH RIGHTS OF INGRESS AND EGRESS TO PROSPECT FOR, MINE AND REMOVE THE SAME AND THE USE OF SO MUCH OF THE SURFACE THEREOF NECESSARY OR CONVENIENT THEREFOR, AS RESERVED TO UNION PACIFIC RAILWAY COMPANY BY INSTRUMENT RECORDED FEBRUARY 20, 1908 IN BOOK 233 AT PAGE 139, WELD COUNTY RECORDS, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 8. SURFACE OWNER'S AGREEMENT BETWEEN WILLIAM HANSON, ALSO KNOWN AS A. WILLIAM HANSON, AND LILLIAN AMANDA HANSON, LAND OWNERS, THE EQUITABLE LIFE ASSURANCE SOCIETY OF AMERICA, BENEFICIARY OF TRUST DEED, AND UNION PACIFIC RAILROAD COMPANY, DATED MAY 12, 1955, AND RECORDED DECEMBER 27, 1955, IN BOOK 1438 AT PAGE 238, RELATING TO THE WORKING OF MINERALS WITHIN AND UNDERLYING THE SE 1/4 OF SAID SECTION 5. 9. ALL OF THE COAL WITHIN OR UNDERLYING THE NE 1/4 OF SAID SECTION 5, TOGETHER WITH RIGHTS OF INGRESS AND EGRESS TO PROSPECT FOR, MINE AND REMOVE THE SAME AND THE USE OF SO MUCH OF THE SURFACE THEREOF NECESSARY OR CONVENIENT THEREFOR, AS RESERVED TO UNIN PACIFIC RAILWAY COMPANY BY INSTRUMENT RECORDED NOVEMBER 1, 1890 IN BOOK 97 AT PAGE 243, WELD COUNTY RECORDS, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10. A RIGHT OF WAY EASEMENT IN, OVER AND UPON THE S 1/2 NE 1/4 OF SAID SECTION 5 GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN THE INSTRUMENT RECORDED JANUARY 14, 1928 IN BOOK 833 AT PAGE 481, WELD COUNTY RECORDS. 11. RIGHT OF WAY FOR THE LEYNER-COTTONWOOD DITCH AND EXTENSION ALONG THE SOUTHERLY LINE OF SUBJECT PROPERTY. 12. ALL EXISTING ROADS, HIGHWAYS, DITCHES, PIPELIES, UTILITIES, RIGHTS OF WAY AND EASEMENTS THEREFOR. 13. AN OIL AND GAS LEASE, EXECUTED BY CHAMPLIN PETROLEUM COMPANY AS LESSOR(S) AND BY AMOCO PRODUCTION COMPANY AS LESSEE(S) , FOR A PRIMARY TERM OF 5 YEARS, DATED 9e0488 OCTOBER 12, 1972, RECO"fED NOVEMBER 30, 1972 IN BOOK 6P' UNDER RECEPTION NO. 1602713, WELD COUNTY , ORDS, AND ANY AND ALL PARTIES .IMING BY, THROUGH OR UNDER LESSEE(S) , AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. NOTE: EXTENSION TO THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT, PURSUANT TO 1973 COLORADO REVISED STATUTES, 38-42-106, RECORDED BY AMOCO PRODUCTION CO. ON JANUARY 11, 1979 AT RECEPTION NO. 1778417. The Owner's Policy of title insurance committed for in this Commitment, if any, shall contain, in addition to the items set forth in Schedule B-2, the following Items: 1. The Deed of Trust, if any, required under Schedule B Section 1. 94®4f3e .. it. ' er 1 //3° FEB 2 31979 C�- '1 Recorded et !.` o'clock .� M. r. . ? • ' • Reception No. n a Rerpr�ac. es . Wald feaanly lAlOrOd0✓{O o HOWARD RULER and JOAN SHELEY 7 ,. - 3 as tenants in Coon r, .-d 3 whose address is 761 9th.Avenue, Longmont DWI Driveway Pal u• \ County of Boulder ,State of rear FEB 23 197'9 • so V Colorado ,for the consideration of($85,000.00) 04 Eighty-five thousand and no/100—e•---------:------.— c..-J dollars,in hand paid,hereby sell(s) and convey(s) to ...00 TOM L. RUSSELL and MARGARET I, RUSSELL a a w whose hail address is 125 Longs Peak Drive , Lyons County of n . Boulder ,and State of Colorado the following real property in the '" a n co County of Weld ,and State of Colorado,to wit: a P.;" SEE EXHIBIT "A" ATTACHED HERETO AND rk ^' MADE A PART HEREOF N b m . ., -/�L.W. .1.7 V `1 O also known as street and number with all its appurtenances, and warrant(s) the title le the same,Subject to real estate taxes - for the year 1979 which Grantees assume and agree to pay, easements, restrictions and rights of way of record, mineral leases and other reservations of record, reserving, however, to the Grantors all rights in and to all oil, gas or other hydrocarbons underlying said premises, and a first deed of trust of record payable to Mortgage Finance, Inc., which Grantees assume and agree to pay. Signed this 15th day of y ry 19 r HMiARD;B XLER y,� STATE OF COLORADO, ..'i�11�A . , *a--n las. County of Boulder IThe -'regoing in.,trument was acknowledged hefo.e me this 15th .1 it .a Februrry ,19 79 ,by HOWARD t1SLER -red JOAN SHELBY �`.p^.J ill- I as [ena::[a in common 1 .siy33'�I'yt,-ly'PlO n^Sui"." -i!.�d .h.:.� /. /ti'&Y • i. ' •t;1t1nWi.ttl" gyd and of ieidl :eel. ? 1 .. • I 4...1". be ft !1 j .�.. Ir a.ds,e M1wle ' st "UfLIC J J r Ma sat. www„act{-also on. ar.dend Publishing Cu.1.44.411 Maul slmt.e,wv,q Colors.. —647 • 940486 'fl,a '. e ,. .. ' I NM . r 8611782663 f' a-07- • 2. Covering the Land in the State of Colorado,County of We 1 ti Described as: , ' That portion of toe East h of Section 5, Township 1 North, Range 68 West of the 6th P.M., WELD COUNTY, COLORADO, more particularly °. described as follows: Beginning at a point on the North-South centerline of said Section 5 whence. the SouthQuarter corner of said Section 5 bears South 00°23' West 266.00 feet; ! J 1 thence along said North-South centerline North 00°23' East 2468.13 feet; - thence North 90°00' East 1308.58 feet to the Westerly right-of-way • rt,` line of Fir Avenue, a platted street in Carmacar Ranchettes, a recorded subdivision in Weld County; thence along said Westerly right-of-way line the following three (3) courses and distances: - South 00°0( ' East 965.07 feet to the beginning of a tangent curve to the righ. , said curve having a radius of 240.00 feet and a central ' angle of 30°36'; . thence along the Arc of said curve 128.18 feet to the end of said curve; thence South 30°36' West 142.72 feet; thence South 25°02'48" West 60.00 feet to the Southwesterly right-of way line of Spruce Drive; — thence along said Southwesterly right-of-way line and along a tangent curve to the right, said curve having a radius of 250.00 feet and ' a central angle of 27°15'08"; thence Southeasterly along the arc of said curve 118.91 feet to the end of said curve; � thence along the Northwesterly line of said Carmacar Ranchettes, ' South 52°17'56" West 250.00 feet to the South-West corner of said _ Carmacar Rer:chettes; thence North 72°02' West 216.00 feet; ' thence North 68°28' West 456.00 feet; thence South 80°48' West 62.00 feet; 4, thence South 48°19' West 226.00 feet; thence South 41°55' West 205,00 feet; • ' thence South 28°21' West 80.00 feet; thence South 00°13' East 282.00 feet; thence South 01°08' West 513.50 feet; • thence South 53°43' West 55.0r feet to the point of beginning. . A el .r z.nC It „t a ,;r7"�4 "' ..-NS • � .i 1F.. •}' `� . ' > r,. :tt it , . uez i..qt !P !r , ny f► � .. LEFT E F T Post Office Box 210, Niwt JO 80544-0210 WfT[ R DISTRICT - (303) 652-2188, Metro(303) 443-2036 January 3 , 1994 Tom and Margaret Russell 1710 Lashley Longmont, CO 80501 Re: Tap Request No. 1441 dated December 28, 1993 for water service to be provided by Left Hand Water District. Dear Tom and Margaret: The tap request for Sec 5 T1N R68 W has been reviewed by our engineer. The findings are as follows: Fifteen taps, as requested, have been allowed, subject to the following conditions and requirements: 1. An $800. 00 fee per fire hydrant will be assessed if required. 2 . Completed and signed Subdivision Service Contract. (See attached) . 3 . A copy of the recorded warranty deed for the property. 4 . Plans for the waterline extension from Fir Avenue into subdivision need to be submitted. Any additional consulting fees incurred by the district in relation to this tap request will be billed when incurred. It will be necessary for you to make arrangements to sign the Subdivision Service Agreement within 90 days of this notice or the tap request will be forfeited. After we have the above items, the application will be presented at the Board of Directors Meeting for their action. Our Board generally meets on the second Tuesday of each month. Thank you for your interest in Left Hand Water District. If you need further information, please contact us and we will be happy to help you. Sincerely, 4 ames M. Dickey General Manager /kl 9/_0:19g Hello