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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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941599.tiff
00(1:1:1% DEPARTMENT OF PLANNING SERVICES 4 PHONE(303) 353-1145. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140CGREELEY, N ORA O 8 631 COLORADO 90531 COLORADO November 18, 1993 CASE NUMBER: S-347 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates #1) . The parcel of land is described as part of Section 5, T4N, 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 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. 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 December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, 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: EXHIBIT 3 941599 REFERRAL LIST NAME: Ivar and Donna Larson CASE NUMBER: S-347 REFERRALS SENT: November 18, 1993 REFERRALS TO BE RECEIVED BY: December 3, 1993 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department ____Brighton Extension Service _ _ Broomfield Emergency Management Office _ _ Dacono Sheriff's Office ____Eaton -X--Engineering _Erie _Housing Authority _Evans Airport Authority _Firestone Building Inspection ____Fort Lupton ____Frederick STATE _Garden City Division of Water Resources _Gilcrest X Geological Survey ____Greeley Department of Health ____Grover X 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 X Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 ____Pierce Hudson F-7 _ _ Platteville _Johnstown F-8 _Severance La Salle F-9 ____Thornton _Mountain View F-10 Windsor Milliken F-11 ✓1,c4t1Thn _ Nunn F-12 COUNTIES _ Pawnee F-22 _Adams _ _Platteville F-13 _Boulder Platte Valley F-14 XLarimer _ 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 _Tri-Area Planning Commission _Greeley X Handy Ditch Co. _Longmont 9908 West County Road 18E ____ West Adams Loveland, CO 80537 X Home Supply Ditch COMMISSION/BOARD MEMBER 6491 Weld County Road 50 X Judy Yamaguchi 9403'12 \`• DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3645. EYT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES De 1400 N. 1TH AVENUE CREELEY, COLORADO 80631 COLORADO November 18, 1993 Ivar and Donna Larson 925 N. County Line Road, Route 1 Berthoud, CO 80513 Subject: S - 347 - Request for approval of Minor Subdivision Final Plat on a parcel of land described as part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Larson: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, December 21, 1993 , at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, December 16, 1993, at 10:00 a.m. This meeting will take place in the Department of Planning Service's Conference Room, Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is recommended that you or your representative be in attendance at each of the meetings described above in order to answer any questions that might arise about your application. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. 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 December 6, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than December 10, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. If you have any questions concerning this matter, please call or visit our office. i EXHIBIT Sincerely, !7 Lpu l a a bl��C.O�� 7 Mon Lit Daniels-Mika 9403`? Cur ent Planner DATE: January 11, 1994 CASE NUMBERS: S-347 and S-348 NAME: Ivar and Donna Larson ADDRESS: 925 County Road, Route #1, Berthoud, Colorado 80513 REQUEST: Minor Subdivision Final Plat (Mt. View Estates #1 and Mt. View Estates #2) . LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: The parcel is located approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: This property is zoned A (Agricultural) . The Agricultural zone district was established to maintain and preserve the agricultural base of the County. This proposal will take 25 acres of irrigated farm land out of production. The Comprehensive Plan attempts to minimize the incompatibilities that occur between agricultural and urban uses, and this request will not only increase incompatible uses but will make current farming practices in the area far more difficult. Additionally, the potential for increased interference is probable. This proposal is not consistent with the Agricultural zone policies in the Weld County Comprehensive Plan. This proposal is located in the A (Agricultural) zone district and is evaluated under the Agricultural Goals and Policies. A goal of the agricultural zone district is to encourage residential development to locate adjacent to existing incorporated municipalities. The parcel is located approximately 1 1/2 mile from the city limits of Loveland, however, the city of Loveland does not consider this parcel to be a part of their Urban Growth Boundary. It is the opinion of the Department of Planning Services' staff that the approval of this request encourages "leapfrog" or noncontiguous development in a rural location. (2. EXHIBIT 940392 RECOMMENDATION, S-347 and S-348 Ivar and Donna Larson Page 2 - This request does not represent efficient and orderly development nor does it demonstrate compatibility with existing surrounding land use in terms of general use, scale, density, traffic, dust, and noise. The current general use of the surrounding area is agricultural. The scale and density of the proposal far exceeds the current nature of the area. Based on census data this site will generate 26 additional people in this area. With an increase of density, noise levels, traffic generated, and general overall appearance of this area will change from rural to urban. The soil is mostly Nunn Clay Loam 1 to 3 percent slopes. This soil has fair to poor potential for urban development. It has moderate to high shrink/swell, low strength, and moderately slow permeability. These features create problems in dwelling and road construction (United State Department of Agriculture, P.26) . These same concerns have been addressed by the Health Department and CDS Engineering. The Health Department has received additional information to determine the suitability of septic systems, however CDS Engineering has stipulated the need to provide geotechnical investigation and engineered foundations for each lot. While clay soil performs poorly for urban development. This soil is also classified as prime farm land. As such, this ground plays a vital role as the county's most important natural resource (U.S. Agriculture Soil Conservation Survey, National Soils Handbook) . The Comprehensive Plan calls for the preservation and expansion of prime Agricultural land. In fact, the Comprehensive Plan stipulates that if development is suggested for prime agricultural land appropriate alternative areas should be sought. John Donnely, P.E. , contractor for the applicant has suggested that these two pieces of ground are no longer viable farms due to their size, proximity to other housing, and lack of knowledge of nearby residents. The size of the current parcels are similar (in size) to other existing surrounding farms. By splitting these parcels into 9 lots, the applicants will invite even more people and children into the existing farm area, thereby creating the possibility for even more urban and rural conflict. More owners will further increase conflict and confusion regarding the use of irrigation water. 940392 RECOMMENDATION, S-347 and S-348 Ivar and Donna Larson Page 3 Staff has received numerous objections both verbally and in writing in opposition to this request. The major concerns regard: compatibility with the surrounding area, character of the development, potential interference with agricultural uses, safety issues and general concern for protecting the current agricultural lifestyle of the area. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 940392 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Ivar and Donna Larson S-347 Thomas and Julia Frink 1756 State Highway 60 Loveland, CO 80537 Donald and Sally Curry 1712 State Highway 60 Loveland, CO 80537 James Gentry III and John Clagett c/o James Gentry 1312 E. Tufts Circle Englewood, CO 80111 GP Clark Co. A Michigan Partnership c/o Bruce Peterson 1312 Greystone Bartlesville, OK 74006 Dennis and Corajean Kuehl 1850 E. Highway 60 Loveland, CO 80537 Michael and Valerie McEntee 1842 E. Highway 60 Loveland, CO 80537 Lawrence and Mary Starck 1906 E. Highway 60 Loveland, CO 80537 John and Cindy Demott 23551 Weld County Road 5 Loveland, CO 80537 WR Saulcy, et al. 2425 S. County Road 9 Loveland, CO 80537 4 -EXHIBIT ; .?0:::: a • SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Ivar and Donna Larson S-347 Thomas and Julia Frink 1756 State Highway 60 Loveland, CO 80537 Donald and Sally Curry 1712 State Highway 60 Loveland, CO 80537 James Gentry III and John Clagett c/o James Gentry 1312 E. Tufts Circle Englewood, CO 80111 GP Clark Co. A Michigan Partnership c/o Bruce Peterson 1312 Greystone Bartlesville, OK 74006 Dennis and Corajean Kuehl 1850 E. Highway 60 Loveland, CO 80537 Michael and Valerie McEntee 1842 E. Highway 60 Loveland, CO 80537 Lawrence and Mary Starck 1906 E. Highway 60 Loveland, CO 80537 John and Cindy Demott 23551 Weld County Road 5 Loveland, CO 80537 WR Saulcy, et al. 2425 S. County Road 9 Loveland, CO 80537 EXHIBIT 94032 i41° ''`. APR DEPARTMENT OF PLANNING SERVICES PHONE t303) 353-3345, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE Q GREELEY, COLORADO 80631 COLORADO DATE: November 18, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-347 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 21, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Ivar and Donna Larson FOR: A Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates #1) for 4 lots. LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. 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 Monica Daniels-Mika, 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. 940392 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 S-347 for Ivar and Donna Larson in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 19th day of November, 1993. C 0--- 940&`12 7 5 7 ^ 9 w/ _ •l• ... . N, ]•qv .. .- •yl �; v [ III 50 • � _ kt/. •a f E1 ° j ' • y l) i. , 1 I I 'G • Firct CarRPotIan a _._. _ _.__._ _ •�. • Y► .0 ' I j ✓a••sro+N : `, •�1\. �,� -h j • • 49 ~ �� a �-z -» .aA . 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' • u ? . v ; ,..7.5) t] j OARBOUR •ONOS p yr• _ ]• ` l 1 • ,4f• ;• ,�• xx 26 • sure AEC = 111 \` • ✓■•_ • • • ..o ..:^� , .,PILLS '"\.=.,• -1{w• _ _ Oa; 1I,I•22 a ` r. -- _ \ -- •• L' \ •:r:.a:'(.•70 T2N. 'i .,`l. c' - -- - • (\ - — • . . _ . 1. " •I• •. .) �', f ' •�•. . • .,. .. l/ 18 .y es `c.m I .d•.i p' • xs •'� ..I' p 1 . a / 1 J ,yam ,` • xi]• PO 1Z9 /f ,. 1 a. „ ` e. n/ O 14-7\ :o: is" ff I c+ ape :S il 5 ate• .'1 i i• E•EDE•C :Y C ° . , •..t ,p a `] '� ]. xIs t »14 . :• r°r,•, f/1_ d^ SI)2LC1 `•1t1E ':• ��•• EXHIBIT 12 G/!/� ' : ( `R I-} ' x / ji _ . -x•11 1 :' 940372 xl• '•VI fi Y£f'. l//"�u1•\_:.-----7- - / /4" ---- - II I / I i •� 'X - pfllaII'i 1 /--------__.--- 32ve , 33 �:, � ' � - 31 - - -/4 .. Th . _ 5050 S'1I. - ,`d-.4-4.--� ... . � _ - '� i ku{Ltr-I'�1- it \ ° - �° \ l� 50<9 _ WEEP, fr*. x .� a i Twin \ _ _ " ,i A 5i .vvv� / �; • 4 l / soa -�� > ,�li;i % / i �- — �I / ) v i 15011 / 7 506} / Y • ,,,,-'\ BFrmire / ��•, • errni; --- 7 __- //�'� `}-�iHEAI VI/( SIF�lN _______i__Th v L/ 506 ` .„._ • may. _�.> 5000 � _ ter- Jam-'_ 1-_______-- }p�.4:♦, -- �\ XL1rif1I6 �� 6 •u - .-..19tl � __ ( - •� _�SIXi1_ _ass. F • ' �`•�vi.. -•SJO .._ -/� \ x✓Jr_ , 5000 "4,t Ny�t " 'i �� � \ c''''.1 'Y-k''�v7'JAI 17 -_-! ) Lj \ \# ' / 0 ii = 1 '� � 94_0311*-' • j''.1..).0.y WE/, ''14,1‘ y,.yn . . _a s , '3. a?r i' ry ‘, 44t2.-; r�µ:^ tzi T. _ - '•s�`,+�"-.�' .+ SL n p. 1:..4t-ie '4:1:4,1".,m t ib-li-kC J. �' C� 'f,.'M.�.xz�, tcT^+ 1'. :4Sy - _ { ay ti ` . lr?f ,3� L.„.•:,::. Y 4 6 , _ _ x, .Fri t. ? .43r erne, •I '4 S tr .. js"- ‘11451.,4(4 ,1 Y (ui- 3f-" » r' '� v^`wr .is. • - ' r; t �, ,S ^ //5 ,e: Tf d b-- r1 1 X� r r 4 ,:z bh I. t s./ ' , - $ir„ ��µ Ik a - r .� ': w i y r sFiwy F tzi fit yJ/ L. Jy • a r .' - 5 w� t ) \ SS, ,,t, - • , ,_• ....,.. k i r , , . .,:k _ vi . ,... „. - if,, , . .„ . . . „ . . . . . . . . : . . .;44. , .. . _ , . . • . .4,40c- , - 1 - 2 , • , . qr Y a O/O _ i - 44 1 t‘a 1! lig DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845. EXT. 3540 Will C WELD COUNTY ADMINISTRATIVE OFFICES O 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 21, 1993, at 1:30 p.m. for the purpose of considering a Final Plat for a Minor Subdivision (Mountain View Estates #1) for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Ivar and Donna Larson LEGAL DESCRIPTION: Part of the Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Minor Subdivision with 4 lots. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. SIZE: 10.658 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 21, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) ti € b November 25, 1993 Received by: i f Date: tt 7-3 *3 I EXHIBIT NOTICE OF PUBLIC HUM The Weld County Planning Commission sra hob•public hewing AFFIDAVIT OF PUBLICATION on Tuesday.December - 21, 1193,at 1:30 p.m. for the purpose of STATE OF COLORADO considering a Final Plat 55 br•Mnor Subdivision COUNTY OF WELD (mountain View Estes N) for the property described below. I, KEITH HANSEN, of said County of Weld, being duly Approval of the request sworn,say that I am publisher of may create a vested property right pursuant *Colorado Law. WINDSOR BEACON APPLICANT' Ivor and a weekly newspaper having a general circulation in said Dome Larson County and State, published in the town of WLTIDSOR, LEGAL DESCRIPTION: in said County and State; and that the notice, of which Part of the Section 5, the annexed is a true copy, has been published in said T4N, R66W of the 6th P.M., Weld County, . weekly for__successive weeks, that the notice Colorado. was published in the regular and entire issue of every TYPE AND INTENSITY number of the paper during the period and time of OF PROPOSED USE: publication, and in the newspaper proper and not in a Mrs Subdeian wigs supplement, and that the first publication of said notice 4ba was in said paper bearing the date of the • LOCATION : J�� Approximately 114 mile /iii day of n0-.,,, , , A.D., 19 13 and west of the intersection the last publication bearing the date of the of Weld County Road 5 and star Highway 60. day of A.D., 19_ and SIZE: 10.658 acres, that the said WINDSOR BEACON has been published ran or less continuously and uninterruptedly for the period of 5 The Ming will consecutive weeks,in said County and State,prior to the be held In the Weld data of first publication of said notice, and the same is a County Commissioners' newspaper within the meaning of an Act to regulate Nearing Room, First printing of legal notices an advertisements, approved Floor, Weld County Centennial Center,915 May 18, 1931,and all prior • ar as in force. ler o.St G or /�� Colorado.Comments cr oh(Wbre related b 6e above request should be submited In writing ° i P USHER to the Weld County Department of Miming Subscribbd and sworn to before me this �,' day Ave in,. 1400 N.re nt of fl o„-.e,,,<,4-.t, 191` Avenue, Greeley. Colorado 60631, /y7_ .. baba the above data or + 4.4.4-,O 1/L!a presented at the pudic NOTARY PUBLIC hearing on December 2t,1993. My commission expires ��j T , / 9 9-. Copies of the application we available tar public inspection in • the Department of • Planning Services.1400 • N. 17th Avenue. Greeley. Colorado 60631 - Phone - 353. • 3645,Extension 3540. Judy Yamaguchi, 1 y Chairperson,n Weld D�ti 5't � `y� _ii . County Planning Commission • IL Publi•Md in th. N0V 3 t1 1993 JWindsor Beacon on _.. tsasamber 25,1993. WOO enunri Planning 940302 LAND-USE APPLICATION SUMMARY SHEET Date: December 10, 1993 CASE NUMBER: S-347 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Line Road, Route #1 Berthoud, CO 80513 REQUEST: Final Plat for a Minor Subdivision (Mt. View #1) LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. SIZE OF PARCEL: 14.69 acres, more or less. NUMBER OF PARCELS: 5 parcels 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. Colorado Oil and Gas Conservation Commission 2. Berthoud Fire Protection District 3. Weld County Health Department 4. Weld County Engineering Department 5. Weld County Attorney 6. Home Supply Ditch Company The Department of Planning Services' staff has not received referral responses from: 1. Colorado Geological Survey 2. Colorado Department of Transportation 3. Handy Ditch Company 4. City of Loveland 5. Larimer County The Department of Planning Services' staff has received letters of objections from surrounding property owners, Hazel M. Carlson; Cindy DeMalt; Donald and Valeria Brehm; Steve Olander; Lawrence and Mary Starck; and Dennie and Jean Kuehl. EXHIBIT 9430 FIELD CHECK FILING NUMBER: S-347 DATE OF INSPECTION: December 2, 1993 APPLICANT'S NAME: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision (Mt. View #1) . LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. LAND USE: N Single family farm. E Single family farm, horses, small pond. S Single family farm. W Single family farm. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access if off of State Highway 60. The site is flat. The shared access is narrow and long. The property to the east will be facing the subdivision. The surrounding properties are rural in nature. The site is presently in alfalfa and grass. The site appears to have some type of irrigation water. There may be some drainage problems associated with the proposed road and the property to the east. The property does have one access off of Highway 60. Monica Daniels-Mika, urrent Planner 4 EXHIBR 342 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE December 16 , 1993 A regular meeting of the 'weld County Utilities Coordinating Advisory Committee was held on December 16 , 1993 , at 9 :00 a.m. , Conference Room, Weld County Administrative offices , 1400 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by Doug `Selby, Vice-Chairman. Tape 19 MEMBERS PRESENT Doug Melby Evans Fire Protection District Gene Rempel Public Service Company Don Carroll Weld County Engineering Sue Skaley U.S. West Communications Cody Woolridge Central Weld County Water District Also present: Monica Daniels-Mika, Current Planner, Department of Planning Services, Sharyn Ruff, Secretary. CASE NUMBER: S-347 APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mt. View Estates #1) . LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of'Weld County Road 5 and State Highway 60. CASE NUMBER: S-348 APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mt. View Estates #2) . LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. CASE NUMBER: S-349 APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Whitetail Estates #2) . LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown. MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE December 16 , 1993 Page 2 CASE NUMBER: S-350 APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Whitetail Estates #1) . LEGAL DESCRIPTION: The E2 NW4 of Section 14, T4N, R68W of the 6th P.K. , Weld County, Colorado. LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown. Extensive discussion regarding above cases included road and easement concerns. Gene Rempel moved to approve the plats with changes resulting in including 15 foot easements aside from the 10 foot drainage/postal easements shown on the plat with interior easements on both sides , prior to the Planning Commission Hearing on December 21, 1993 . Cody Woolridge seconded the motion. The Vice-Chairman asked the members of the Committee for their decision. Motion carried unanimously. Respectfully aryn R f� Secretary • 940392 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-347 , Mountain View #1 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Line Road #1, Berthoud, CO 80513 REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district. LEGAL DESCRIPTION: The NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. be continued, upon the need to obtain an additional access permit onto State Highway 60. The applicant would like to continue the case until January 4, 1994, which is the next Planning Commission Meeting. Ron Sommer seconded the motion. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Bud Clemons Ron Sommer Richard Kimmel The Chairperson declared the resolution passed and ordered that a certified copy be placed in the case file. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 21, 1993. Dated the 21st o ecember, 1993. 2 EXHIBIT Sharynr. Ruff (Iiuii9i Secret ary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-347 (Continued from December 21, 1993) APPLICANT: Ivar and Donna Larson REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mt. View Estates #1) . LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. be continued, based on the request of the applicant and the recommendation of the Department of Planning Services' staff to January 18, 1993, at 1:30 p.m. , to allow time for the applicant to address the concerns of the Colorado Department of Transportation regarding an access permit. Ron Sommer seconded the motion. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Shirley Camenisch Ron Sommer Juliette Kroekel Tom Rulon Bud Clemons Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be placed in the file. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Color , a ed on January 4, 1994. D ed the 4th of Januar 19 4. EXHIBIT Sharyn F. Ru . 7 Secretary ars ENGINEERING CORP. 66 N24 P. 02 CDSEngineering Corporation December 16, 1993 Mr. Ivar Larson 925 N. County Line Rd. , Rte. 1 Berthoud, CO 80513 RE: Preliminary percolation test results for Mountain View Estates f1 and 12, Weld County, Colorado. CDS Project No. 7489 Dear Ivar: This letter is to give the percolation test results from the tests performed at the above referenced subdivision. Attached are the test results and approximate test hole locations. The final reports will follow shortly. The percolation test results varied from 15 to 60 minutes per inch, with an average of 41 minutes per inch. Therefore, a bed absorption area of 372 square feet per bedroom is required for the site. Furthermore, no groundwater was encountered at a depth of eight feet (8') . If you have any questions concerning this information, please contact our office at (303)667-8010. Sincerely, CDS ENGINEERING CORPORATION 4.• • • r - 1:0 ?K.<1 2 J F. Donnelly, E. i•;, , `I 1714 Topaz Dr..Suite 215•Loveland,CO 80537•(303)667-8010 EXHIBIT DEC 16 •93 16:00 6676024 I9 5 ENGINEERING opab,CORP.7215 667rn24 P. 03 IAVELAND, CO 80537 /oj /7^ 1//i I .! (?i // time PNf I . PH ; PI-I -• Depth „ PH+ Pf�� 7r Xs/ 1O � �/� • '� '3. ` 4. 1 214 z S 3:ia a �` 31'? '- fo t v ti Y &s- 3.3/g �i fcr 9:Y8 , jr,3:Pc S i; 'i /e 04..j:L _ iv" is / " . o.�e NZ 33, 240 V +� j�3/y�i si I �7�. ¢ 3w 'I :3 9YrYS / Y: y:r/ .+ Y 3/ z-5 "l'e 1 ft 2.4 ZO'`^Y --I ar LS 07L? it . ' • I I Saturated (four-hour) percolation rates are : PH I -/ ' In 30 Minutes = Minutes Per Inch PH In In 30 Minutes = I Minutes Per Inch Di ; 34 In ' 30 Minutes = 4 , Minutes Per Inch It a • AIn 30 Minutes t _ = is- Minutes Per Inch uLs. 3V4 40 Project : Project Number If location of Project Technician : Date : i,-, /A,'-7 3 4. • DEC 16 '93 16:01 6678024 PAGE.003 9403^2 S ENGINEERING CORP. 667 24 P.04 CDS ENGINEERING CORP. — "':! , 1714 Topaz, #215 `� LOVELAND, CO 80537 A411I L h L PIK,..Ii li r! CV N PV •4•1° • Time P1-% J PHi 1 PH Prt9 1 PNIO' Depth y, 3” y,6„ 4 . , 3, 6„ zt• 3ii 5— 1 :9 O C.:37 1:37- z:s.S T .... i..1.,'" ig4 11 '' f4S'1 N Vz last _ Fi1.c_ '3:zqn. 3: 10 1 i,J i 3o`1 it"- �`i .os. ib 4 ' 121 ' ' zg' '2J4 r 3•ufi lu-f 3:Ya pt .7.3 �i4 3. 31. kT€ .3" sy S 1 �+ e r 2p tT/}L-��eslitt_t I 231A( .i- Z i g-i -- . z s ItS L-- z 3/ 1 V q ;/0b i�, %.O9 I y; t4:o1- ,, �I. q:°s I 74S'S4y ,r 76 — z$ 484 10 Iri�l •••• 9 Try, '-(;.3} i, „ ar 1. - in- 25"-W-- 3 (&z I� t!,_`+ 29 ikt /y� rg "' TN rr 24 telhr 'r' 2-?,y I I 1 Saturated (four-hour) percolation rates are: ,. CO-+1 w, • Pile i ye , 4.,0 jj urn 30 Minutes = Minutes Per Inch U Pill ��a In 30 Minutes = � Minutes Per Inch DH1 3/¢ In ' 30 Minutes = 4r Minutes Per Ircb , 3� . �c'r . Pt'', 34 In 30 Minutes 4oMinutes • Per Inch ';;Av Project : �nvs., ‘ ! #i / Pro.' I Number : Location of Project : • Technician : Date : I�/,(�� /9: • DEC 16 '93 16:01 6678024 PAGE.004 940302 3 ENGINEERING CORP. 667 '24 P. 05 -► w C01101:44YCG r .: �«n1•..*a.4:apcM41 erta :I �..._. ....._..._ e_1 3co{ - 41 1' :or l i ... . r is M � *Knit , il 1"1-1.I it r •. \� '•i LO R2 lit11 .y. �ibv,=rM{.etas.r) �:J:1•1a+ or toM07 MTJN V-'• •1 .I nn 1 .. 01 MAaA 4aSlpt ' , / .—ia'ROADWAY A`. •i �1 rit LOT CI ` -f k- .25 3 ^ / itiu .... .IIWMT�Y VF e1�4 Qj " -<, l ^ 1 'r4 11 L: - 1 )/ ...-s!'• 'Kr 1; Vl LOT ill :I II - 1 N r 1 r_w. 't I PAIOrtrarLO ". / 1 �C �1 ST I�1a,} 11.. tan,. I�mAt 4 Cr, d Pi i6 PriSi !I LOT 2 Ls!.r.. n "l'"�1p a SCALE: 1'-300' j414' :) LOT ,��...cf...PIol 044444: . lea _ II 9`� >ra Perthia 4urramwTtivnia i{ _1 2° `I a""WWII i1 as LOT • 'wag 2 { Mourn . it I TP:4 4 DRAINAGE PLAN IVO 'j i If) tai \' for y� ..ILLOOTs0 pa ic.) -i MOUNTAIN VIEW ESTATES 1 ;� . ..scam,.a I{ and N 9 MOUNTAIN VIEW ESTATES 2 ., 1• Nbat WM. • DEC 16 '93 16:02 6678024 PACE 005 940392 S ENGINEERING CORP. 6f- 24 P. 06 M TABLE IV I SUBSURFACE ABSORPTION AREA FOR DWELLING USE Percolation. Rate Trench Absorption Area Bed Absorption Area ll Min/Inch Per Bedroom/Sq. Ft. Per Bedroom/Sq. Ft. 5.0 125 165 7.5 145 190 10.0 165 215 12.5 174 237 15.0 183 260 17.5 200 271 20.0 209 282 22.5 217 293 ll 25.0 225 303 -_ ---- ._._._. .. .. .. 243 -313 a 32.5 258 340 35.0 267 348 37.5 275 357 40.0 284 368ll p,g.± - 42.5 293 377 45.0 300 388 47.5 308 397 III 50.0 316 410 52.5 325 422 55.0 333 435 57.5 342 447 60.0 350 460 E. Dosing Tank: If used in a system, dosing tanks shall be watertight. I The size of the dose, or the net capacity of the dosing tank shall be 60% to 75% of the volume of the distributors dosed at one time, unless a pressurized system is used. III F. Lift Station: If used, shall be constructed of either concrete or non-metal materials. The non-clog pump opening shall have at least Il a two (2) inch diameter solids handling capability where raw sewage is pumped or at least a three-quarter (3/4) inch diameter solids handling capability if previously settled effluent is pumped. Automatic liquid level controls shall be provided to start and atopIll pumps at a frequency required by the design. Pressure pumps shall be of sufficient strength to accommodate pump discharge pressure and the pump shall be sized to maintain a velocity of two or more feetll per second. Automatic air release valves shall be installed at high points in the pressure line where necessary to prevent air locking. A storage basin preceding the pump shall be provided to allow pump II cycling commensurate with pump design capacity. ' C. The minimum horizontal distance required from cut banks and fill areas to I.S.D.S components discharging effluent into cr onto theIl surrounding soil shall be four (4) times the height of the bank, measured from the top edge of the bank (See diagram on next page). Il30 I DEC 16 '93 16:02 6678024 PAGE.006 940302 DEC 20 '93 14:07 1l1RR 8 DONNE :ON 7x7,173361 TO: 303 351 0978 F03 f• I f BACON LAKE FARMS Cobs%and gam For W.mad Daunt I,nwa Owns.ad Opium 925 North County Las Road,Route 1 Berthoud Colorado 80513 December 20, 1993 Ms. Monica Daniels-Mika, Current Planner Department of Planning Services Weld County Administrative Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Addendum to Covenants of Mountain View Estates 1 and 2 Located in Portion of Section 5-T4N-R68W Dear Monica: The following portion of the Mountain View Estates I and 2 Covenants are amended as follows: ARTICLE 1I, LAND USE CONTROL 2.17 Building Location This paragraph is deleted and replaced with the following: "Unless otherwise approved by the Architectural Control Committee, no building shall be located on any lot nearer thani feet (Ion to the front lot line, nor twee ve ‘257.1 te �si�aae.uo buany adjacent lor ot." portion thereof including eaves and overhangs shall • If you have any questions, please call. cerely, bat W. and Donna M. Larson 532-3361 DEC 2 0 1993 ; Weld County Planning " - 4 EXHIBIT DEC 20 '93 13:08 3035323361 s MO 712 nee DEC 29 '93 16:55 MAR 8 DOW 2S,AN 3035.A23361 TD: 303 351 0978 P02 BACON LAKE FARMS Cetonao al Kano. Mt W.aid Deena M.taros.Orm said Dptarea 925 North County Laae Road, Rowel Berthoud,Colorado 80513 December 29, 1993 I Ms. Monica Daniels-Mika, Current Planner Department of Planning Services Weld County Administrative Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Mountain View 1 and 2 A portion of Section 5-T4N-1268W Request for Continuance until January 18, 1994 Dear Monica: CDS Engineering completed the drawings moving the road entirely onto our side of the property and the new application for access onto Colorado Highway 60 was delivered to the Colorado Department of Transportation on Monday, December 27th. Teresa of CDOT called yesterday and said it would take at least one week to process the permit, or approximately January 3rd. Therefore,we request your permission to postpone the date of our hearing before the Planning Commission until January 18th. If you have any questions, please call. Sincerely, 9322"--) C14 bar W. and Donna M. Larson DEC 2 9 1993 Weld County Planning 4 EXHIBIT DEC 29 '93 15:56 3035323361 I /1O 94030z 200'3Ced 86.2 0S£ £0£ £0::t £6. 0Z 30 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION aeons /C .oz 1420 2nd Siren P.O.Box 850 .- -- - Greeley,Colorado 80a3z.0850 Weld Co. , 3H 60 CON 353.1232 - Mountain View Eat. 1 & 2 W. of WCR 5, S. Side MP 2. 809, Rt. Access Permit # 493088 This letter is being provided to all effected property owners. Letter is distributed to those owners by way of Certified mail, December 20, 1993 . December 20, 1993 -D G \��}J^l Lr Ms. Monica Daniels-Mika - Current Planner Dept . of Planning Services DEC 2 D 1993 Weld County Administrative Offices Lj 1400 N. 17th Ave. 'Meld County Planning Greeley CO 80631 D Dear Monica, This correspondence is provided in order to clarify the Department's position in regard to some issues which have been raised with State Highway Access Permit # 493088 authorizing an access for permittees, Ivor W. Larson and Donna M. Larson for their Mountain View Estates 1 and 2, and the properties to the east of the proposed subdivision. I have had calls in regard to issues at the site, and this letter is intended to clearly present the Department's requirements in regard to any changes of access which occur in the vicinity of that site, both for the Larson property and for the adjacent properties to the east. The State Highway Access Permit issued November 1, 1993 authorizes access to serve 2 existing single family dwellings (those to the east of the proposed subdivision) , and 9 additional dwellings of the Mountain View Estates Subdivision. That access is a joint access provided by a new private access road identified as Mountain View Lane. The Permit shows the lane centered in two 30 foot access easements, one easement strip on each side of the Larson's east property boundary. There seems to be some confusion in regard to the legality of the 30' access easement which is shown to be provided by the adjacent property to the east. The Final Plat and the Preliminary Road Plan and Profile for Mountain View Estates 1 and 2 have been incorporated into the SH Access Permit, and both clearly show the two 30 foot easements along the boundary. The Preliminary Road Plan also indicates an existing access for single family residential use just east of the boundary, and an agricultural access just west of that boundary. The east • ; EXHIBIT 40 39Vd 3I33Vd1 P 9321 1000 86IZ-OSE-40E EO:P 940302 £uo.mud 86:Z OSZ 202 £0:>I £6. OZ 731 Ms. Monica Daniels-Mika December 20, 1993 Page 2 cf 3 Mountain View Estates 1 & 2 existing access serves a property which fronts the highway, and another property further to the south. Development of the Larson property planned for the authorized joint access design. The Permit which has been issued requires that both of those existing accesses be removed. As the Plat shows the 30' easement provided by the east property, the property owners served by the existing access were not requested to sign the Permit. Now, it seems that the adjacent owner(s) are dissatified with the plans for access, and have stated that the 30' easement is not a legal easement. Any activity in regard to State Highway Access Permit # 493088 shall result in the access drive as permitted and authorized 11-1-93 . That Permit authorizes use by the adjacent property owners to the east, as indicated by the access easement, and as clearly stated on Form 101. That access shall be constructed as a 24-foot access road centered on the property boundary and thus centered in the 60-foot width provided by the two 30-foot easements. Any change of access for any property at that site which does not strictly agree with the Permit will be an illegal access. If it is determined that the access which has been authorized will not serve the properties, the permit process must begin anew, and Permit it 493088 will be VOIDED at the written request of the permittee. The issue of legality of the easement may have been resolved as stated in the Memorandum dated December 13, 1993. Mr. Larson has FAXed the Memorandum to my office this afternoon. This appears to satisfy my office, and a subsequent access application would exclude that prior easement . Please provide me confirmation that the issue is resolved to the satisfaction of the County prior to the imminent re-application process (es) . I have reviewed this issue today by telephone with Mr. Larson, the owner of the proposed subdivision. A representative of my office has been requested by Mr.. Larson to meet with the Larson's engineer on December 22nd in order to review the possible resolution of access for their subdivision. This field review is required even though an access currently serves the property, as the property is to experience a change of use with development. Access design is site specific. Any access permit which is issued for changes of access at the Larson property must be tied to a specific land use with detailed plans for that access . A review of the existing residential access for the east properties must be conducted in order to ensure that the access in fully off of t.hw Tarann property. If there is any need for adjustments to that access, it is required that the adjacent owners contact this office in order that their access needs can be reviewed with us. Any change of that access condition which is not directly linked to the recently authorized Permit must be made only through a separate access application and permitting process which is initiated by the property owner(s) . £0 339Vd 0Id3CJl b 93TJ 1010 86IZ-0SE-E0E EO:DI £661/0Z/ZI 940302 petraald 8612 0S2 202 ve:7I £6. 02 733 • Ms. Monica Daniels-Mika December 20, 1993 Page 3 of 3 Mountain View Estates 1 & 2 Please provide me verbal or written notice of your position in regard to these issues at the earliest possible time. (to Dean Yost or Gloria Idler - 350-2113; or Teresa Jones - 350-2163 , in person or by message machine, or by FAX to T Jones at 350- 2198) Sincerely, [� Teresa Jones Region Development ccess Coordinator TGJ xc: D. Yost J. Springer file Distributed to all effected property owners by Certified Mail: Mr. and Mrs. Ivar Larson, 925 County Line Road/Route 1 925 Berthoud CO 80513 (FAXED 12/20/93) Mr. and Mrs. Dennis Kuehl, 1850 E. Hwy. 60, • Loveland CO 80537 Mr. and Mrs. Mike McEntee, 1848 E. Hwy. 60, Loveland CO 80537 CDS Engineering, Attention - John Donnelly, 1714 Topaz Drive, Loveland CO 80537 70 39vd OIJscidi 4 938 1003 86IZ-0SE-EBE EO:DI E66I/0Z/ZI 940392 • VEEMAN DAIRY Registered Hoisteins ,' 23850 W G.R. 7 Loveland. Coidrado 80537 ANDY VEEMAN MIKE VEEMAN DEREK VEEMAN 13031 669-3752 (303) 587-2032 (3031 669-6180 `UEC ..a.,. ..;punt✓ .;:,m:ai�.;loners DEC 1 5 1993 _ rim: Ta_ry v Weld County Plana* veld ouanty, Regarding: ?^; __ e.i Minor Subdivision Mountain View Estates 41 a #2) it has come to our attention that ?var and Donna Larson are attempting to Suoctiv;de two parcels of land; 10 and 15.5 acres into 2.5 lore h.yrtH sites. We oppose the approval of such a subdivision, as do many r--:._ ;a. rLunding neighbors. We are a family owned dairy farm milking 800 cows. With young = .o_, we have approximately 1500 head on our farm. There are several _ livestock in the general area. Within a five mile _)dins, gross agricultural income excedes 20 million dollars annually. We are very concerned about compatibility and conflict if the area is over developed. Our survival as a viable agricultural operation is at stak.e. • We nave been straggling with growth to the north of for the last four ?ears (Larimer County) . Some degree of growth is inevitable because of our _^-cation, but we strongly feel that this area can remain viable - _- a-=i:-Ilture if troper planning maintains it's rural _.a_ ' .tea_ _ _ ._: ___ in better with the rural setting when develot = take place than the 2.5 acre lots being proposed. Mr Larsons Land is surrounded by houses on medium sized iot_s, ranging from 9 to 1E. acres. The 2.5 acre lots proposed would not fit in with the Character of the sur_=ding lots and would not fit into the rural sett_3 of this area. :his is a very important decision to all of us who live in this part of •.7=, '' C„- y, az it could be the be7ining of the end of life as we lcn= ° I . live with the _-.sequences of the growth, while in many wur do the developing, take the money and run. We are concer_.od -.wit.. the quality of the community and long term effects on our children and families. This may sound dramatic, but my concerns are very re .._ a-.d r n nne. ?lease do not approve the Mount fin View Estates Mike Veema n, 4 :`EXHIBIT "Quality is Our Key to Progress" 940302 CITY OF LOVELAND COMMUNITY DEVELOPMENT SERVICES Civic Cen East Third•Loveland, uiorngo 80537• ts 962-2900 FAX t•(303)962-2620 TDD Planning Engineering Building Streets Solid Waste Admininsiration 962-2523 962-2501 962-2505 962-2529 962-2529 962-2524 13 December, 1993 Monica Daniels-Mika Current Planner Weld County 1400 N. 17th Ave. Greeley, Co. 80631 RE: Mountain View Estates 1 and 2 County Referral This letter is to inform you that the above mentioned projects are not within the City of Loveland's Urban Growth Boundary. Consequently, Loveland planning staff will not be providing comment on this project. Should you have any questions, please feel free to call me at 962-2521. Respectfully, Edwin W. pore AICP Chief P nner City o Loveland DEC hV I , DEC f 5 1993 Weld Cornwv Planning !4t EXHIBIT Printed I Ls Recycled Paper Weld County Dept. of Planning Seniccs 1400 n. 17th ave. Greeley, Colorado 80631 l D E w I E Re: Case ffS-347, and 5-348 DEC 1 6 1993 U Dear Monica Daniels-Mika Weld County Planning This letter is to protest the establishing of the Mountain View Estate I & 1I projects and to refute some of the claims made by the CDS engineering corporation in their letter dated July 6. 1993 and received by your office by July 12, 1993. The property actually consists of a portion of the East 1'2 of the Northeast 1,4, section 5. T4N. R68W, 6th P.M. The first tract of 16 acres was sold to Lawrence H and Mary Starch September 2, 1970. The Second tract of 16 acres was sold to Ronald H. and Judy Smith October 6. 1970. The third tract of 5 acres, containing the original buildings of the short 80 acres, was sold to L&L, Inc. January 28, 1971. These were all transaction between T.R. Yelek and Dwight F. Eaton and the above parties. The subsequent subdivision of the 40 acres was made by L&L, Inc; re; Ivar& Donna Larson. The proposed subdivision of nine. 2.5 acre tracts are not compatible with existing tracts. The smallest of which is five acres. The present ten and fifteen acre tracts arc comparable in size with the existing two 16 acre tracts bordered by Weld County Road 45. These tracts were purchased originally for the rural aspect and the prospect of nine homes in a row with all of the problems they would bring, you might as well live in town. It is stated; " The applicants Ivar & Donna Larson have owned this property since 1972 and have continuously fanned it". They have never farmed it, with the exception of the last two years during which they never irrigated it. Prior to that it was leased to farmers in the vicinity and could be again. There are at least three farmers, Keven J. Bristal who leases the Gentry farm that adjoins the proposed subdivision on the West, Steve Olander, immediately North of the property, and Don Brehm who lives East of the property, and farmed the subject property since 1978 and probably before with the exception of the last two years mentioned above. It is also stated that present tract owners are not knowledgeable concerning irrigation and arc not raising cash crops. How was the knowledge of agriculture irrigation of the present owners determined and since when is " cash crops '' the only agriculture endeavor? At least four of the present owners have livestock enterprises. If present owners can't handle the local irrigation lateral system, how do you justify nine new owners on smaller parcels? The main concern is the addition of nine septic systems each on a 2.5 acre parcels. The average water consumption for a family of four is 6,500 gallons per month per tract times nine equals 58,500 gallons per month as per Laurie D'Audney of the City of Loveland Water Dept. The water table is between 3-4 feet. The general drainage of the area is North easterly. 4. EXHIBIT i9 &3o This puts the five parcels on proposed 5-348 to directly impact the water quality of Nvtr. Mount Reservoir. This is a closed lake with no outlet and furnishes supplement irrigation and water for domestic animals for three parcels adjacent to it, and additional wildlife such as geese. ducks. loons. racoon. fox. coyote, muskrats, and numerous wild birds. What happens when parcels are irrigated over the septic systems leach field 1-2 feet below the surface? It doesn't take an engineer to figure that out. Also isn't it self serving that the applicant is also the engineer that is certifying the perk-test? In view of the fact the parcel in question hasn't been irrigated in the Li t years? what about the timing? The Lake Ditch runs approximately 5-6 months during irrigation season. During the fall and winter months it finishes water to the City of Johnstown. this is an Earthen ditch approximately 30' wide and 10' deep so it carries a large quantity of water and crosses the parcel at the Southwest corner. It no doubt contributes to the pound water level. In summary: 1. The 77 acres is adequately subdivided into compatible tracts as it now exists. If this project is approved, does this mean the owners of the other tracts can divide their parcels into comparable tracts? Also the nearest approved subdivision in Weld County , approximately 1 34 West on the South side of highway 60, was divided into 6, ten acre parcels (Inhen). 2. The applicants problems. if he has any, are the results of his own. He purchased this acreage and choose to create "the long narrow parcels. He has been approached by at least two parties to purchase this property. They both feel it would not be a problem to farm. As for my knowledge of agriculture in Weld County, it dates back to 1923 when I grew up on the family farm of 356 irrigated acres approxmmatly 15 miles S.E. of Greeley. Snider Brothers Dairy. was operated by my brother and I from 1947 - 1977 on the entire mentioned acreage. It was dissolved in 1978 due to health problems of my brother. My wife and I then bought the Smith tract of 16 acres in 1979 and ran a small sheep operation, and raised corn. Again due to health problems we sold to the DeMotts in September 1992, but we still have a financial interest in the property. R 1/2 hz 1' .�i'�., `i¢2, Richard Snider 9403^2 N J " 0 ' "f, O O w y n � ` - 0 0 __ J _ _. - _, ? J W v al P.w—y =_ G CL r vni A „ C 0— C m'O 3 y'0 '-• :� •L - = :,o. 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L,` y L %n +, o 5 a) ,a it, C b9 L (VI/] ' ` 7 c,— E in O J .G 2 -e '_ `' u U ,Ly Q i° W C 0_ a) VUNNto a $a-4 E U � O �� L O� _ S L t aJ A C a)� C N y� N g w cLm 'o U� E0 �,..W= oo Lal3caic 0cgi u y I .N OC7 C eca * N ^ it's• 0 w u0 O= 0 U N N G'00 v tilmt^ i� L '� z � c.E.� � U ' y CCD0U c.E, v Y CL•� NwV >,Vl y 7.—Lv f , , W 4 3 o c'D I1IilIdi C7 'o G O O' to e. WU 'r, LOO H4AC L ^ G -nTtealy•nb'Qenryy -, E > r 3--lly 9.^ z`f, o v m c-^o'',F" aio V.C 0 "7'0 CtC: - 0 - 'n n°oww RIi�.� 30°.c0 w �r ,a— E� Owl, — ,-, O , raw r 940302 iff mEmoRAnDum DEC 1993 Nrld r'u nti Planning it ell iv, WIND o Monica Daniels-Mika To Weld County Planning DllCcember 1, 1993 COLORADO Fro'3eff Stoll, Director, Environmental Health Si6Lase Number: S-348 Name: Larson, Ivar & Donna Section 05, Township 04 North, Range 68 West Environmental Protection Services has reviewed this proposal. Septic Permits for existing septic systems installed in the vicinity in the 1970's indicate percolation rates ranging from 6 to 60 minutes per inch. This suggests heavy soils which confirms the observations of Engineering Geology Report sumitted by CDS Engineering Corporation on February 17, 1993. However, the actual percolation results were not included in the application. The report also mentions the presence of high ground water and at least one permit in the area reports ground water at 5 feet. This is also confirmed by records on at least one existing septic system where ground water was encountered at five feet. However, the engineering report does not include any soil profile data identifying the depth of ground water at the site. The depth to ground water and the percolation rates are necessary data in determining whether evapotranspiration systems may be required for the proposed homes. Section 6.1.C. of the Individual Sewage Disposal System Regulations states that "No new subdivision will be approved by the Division if greater than 25% of the subdivision's septic systems are proposed to be evapotranspiration systems. The presence of high percolation rates and high ground water in the area cause the Division to be concerned with whether the applicant can comply with this point of the regulations. Any recommendation for approval of this proposal would be dependent on the applicant's ability to demonstrate that 25% or less of the proposed septic systems will require evapotranspiration systems. JLS/memo.js J. EXHIBIT L94t mtmORAnDuf i iript Wi`,k Monica Mika Daniels December 13, 1993 To net= Lppmm��e')t\> Morrison, Assistant County Attorney COLORADO From ountain View I and II Subdivisions Subject: The information available to me regarding Mountain View I and II Subdivisions indicates that there is an issue regarding access to the proposed subdivisions which needs to be resolved before the development can go forward. The easement upon which the developer appears to rely appears to have been executed in 1974 , but not recorded until 1982 and property owners who purchased in the interim would not have had recorded notice that the property was burdened by the easement. There could be some argument that the easement was visible and actually was in use and might provide sufficient notice. There is additionally an issue as to whether the easement is being proposed to be improved to the extent that it is a greater burden on the servient estate it crosses by increasing the number of lots using the easement. The existing easement might not be sufficient for the added use. There is an additional problem where it appears that property owners outside the subdivision may be entitled to use the easement and are not entitled to representation within a homeowners group which is charged with the maintenance of the easement. The issues of increased burden and whether the servient landowners had notice of the easement when they acquired the property are ones over which the District Court has jurisdiction. Without further information, I could not indicate that there is adequate access at this time. Therefore, a requirement that a court adjudication be obtained confirming the rights of the developer to use the easement for the purposes proposed or conveyances or dedications confirming the developer' s right to use that easement for access to the subdivisions needs to be provided before access could be found to be adequate . LDM/gb:monica nEC I1VE os i 4 1993 Weld CoultY planning 2 EXHIBIT - 2 • I\a tdiit‘ Alm DEPARTMENT OF PLgNNING SERVICE5 PHONE(303) 353.3845. �(T. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE •.: DEC 1 1993 GREELEY, COLORADO 80631 K.: k" r 4mld County PlanningCOLORADO November 19, 1993 CASE NUMBER: S-350 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (White Tail Estates #1) . The parcel of land is described as part of the E2 of the NW4 of Section 14, T4N, 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 2-1/2 miles southwest of the Town of Johnstown. • This application is submitted co 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 December 3, 1993 , so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, 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 co you prior to: 5. Please refer to the enclosed letter. /J Signed: / E,C 4 .dfrww�.I Agency: ETHONO RAA/Ni.14 &masion/ Date: /3//'//95 940392 X/SiT DEC 11993 RECORD OF PROCEEDINGS 100 Leaves c owl• c.,..o eanta BERTHOUD PLANNING COMMISSION REGULAR MEETING December 9 . 1993 The Berthoud Planning Commission met in regular session in the Board Room in the Municipal Building on December 9 . 1993 with Vice Chairman Steve Jandro presiding . Members present : Steve Jandro , Vice Chairman Tom Jones . Secretary Richard Strachan , Mayor Denise Vincent . Trustee Chuck Kennedy, Trustee Bill Wegener , Staff Scott Banzhaf , 1st Alternate Steve Rauenbuehler . 2nd Alternate Martin Kurland::r , 3rd Alternate Members absent : John Erickson. Chairman Staff present : Pat Buckley , Building Official Banzhaf took John Erickson ' s seat on the commission as first alternate . .after clarifying a question on the subject of Buckley ' s update on the railroad right-of-way. Vincent moved to approve and accept the minutes of the November 18 , 1993 , regular meeting of the Berthoud Planning Commission as received . Voting YES were Jones , Jandro , Strachan, Vincent , Kennedy, and Wegener; ABSTAINING was Banzhaf . The motion carried. Ken Merritt of Landmark Engineering presented the preliminary plat of the Hillsdale 4th Sundivision and requested that if possible the Commission send the plat to the Board of Trustees as a final plat . Discussion followed reference the master plan, memorandum of agreement , park land dedication and phasing. Jandro moved, second from Vincent , to approve the preliminary plat of the Hillsdale 4th Sundivision to move to the final plat stage and all issues revolving around the master plan, park dedication be included in the master plan final plat stage and come back to the Commission on January 13 , 1993 . All members voted YES . The motion . carried. Dave Shupe of Landmark Engineering and Robert Schutse owner of the proposed Cashmere Downs Subdivision were present to answer to some of the items that were addressed at the previous meeting that 940392 `-{ Ct 1,-;* resulted in a recommendation of denial of this subdivision. Banzhaf moved , second from Jones . to recommend that the Board of Trustees send a conditional approval of the Cashmere Downs Subdivision to Larimer County; the conditions being that the 210 acre remaining farm remain an active farm, that paving occur on all access roads to Larimer County standards and that the trail system that is proposed be open to the public and include the advisement that persons requesting this and any future tract divisions agree to pose no opposition to joining any future public sewer system in the area . Voting YES were Jandro, Jones . Strachan , Kennedy and Banzhaf ; voting NO were Vincent and Wegener . The motion carried. A ten minute recess was called . The meeting reconvened to discuss a request for a rear set back variance at 412 6th Street . The reason for the request is to- construct a single car attached garage . Strachan moved , second from Vincent . to recommend that the Board of Trustees approve the rear set back request at 412 6th Street . The Weld County referral of Whitetail Acres I and II was discussed. Banzhaf moved to recommend to the board of Trustees that they send a no significant impact to the Town of Berthoud on the Whitetail Acres Subdivisions due to the distance from Berthoud and that the check list be included as well as including the advisement that persons requesting this and any future tract divisions agree to pose no opposition to joining any future public sewer system in this area . All members voted YES . The motion carried. The Planning Commission members expressed appreciation that Weld County sends these referrals to the Town of Berthoud . Jandro moved to table the item on conditional use permit until the meeting of January 13 . 1993 . Vincent second with all members voting YES . The motion carried . Ben Herman conducted a discussion on the accomplishments to date on the land use plan and asked for some direction on the amount of time the Planning Commission can spend on further land use discussion and what direction we should go at this time . It appears that the rural node scenario is the one preferred by most members . The meeting adjourned at 11 : 00 p. m. Secretary ATTE T : Clerk STATE OF COLORADO COLORADO GEOLOGICAL SURVEY oeco� Dis ision of Minerals and Geology aa' 4 `tr Department of Natural Resources '�� y^;, 131 i Sherman meet, Rot 715 1696% Demer,Colorado 30203 Phone 1103, 866-?611 FAX '303) 866-2461 Boy Bonier Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director December 16, 1993 WE-94-0012 Ms. Monica Daniels-Mika Current Planner Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 Dear Ms. Daniels-Mika Re: Mountain View Estates #1 We have reviewed the materials submitted on the above referenced subdivision application, the previous submittal and the overall geologic setting of the site vicinity. Based upon the previous work at the site and the similarity of the proposed use we have no additional comments and we have no objection to the approval of this application. Yours very truly. ,ICee/ii-irti7}' Jeffrey L. Hynes Senior Engineering Geologist • JH:B:\dln • Cr' 2 1EXHIBIT D DEC 2 C- 1993 ce Weld County Planning Ti 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 A oc(,U7 u%) V16u1 6c r,4-r e 7/ BEFORE THE PLANNING COMMISSION HEARING FOR CASE # S-34/7 THE SIGN WAS POSTED BY: NI c.)06-AA a{,ci (5'53 NAME OF PERSON POS ING SIGN Al 1, w Lele---fr--^ ATURE OF AP ..ICANT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) // f SUBSCRIBED AND SWORN TO ME THIS MrDAY OF ,LCLCLki</Lu . , 19 `73 . SEAL /J X11'ith. �S Cai7-p-y t V NOTARY PUBLIC MY COMMISSION EXPIRES /5-//7/ ..S.---- . LAST DAY TO POST SIGN IS: 1Cc?FA-i? F/t if , 19 73 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 2 EXHIBIT ah 9' 0 . , Dec 10 , 1993 MS. MONICA DANIELS-MIKA Weld County Planning 1400 N 17th Ave . Greely, Co . 80631 Dear Ms . Daniels-Mika This letter is a request for denial . for a subdivision of a plot of land which is located in the north east quarter of Section 5 , township 4 north . range 68 west of the 6TH principal meridian . Weld County . The case number is #S-347 applied by a Mr . Ivar Larson . I have recently purchased the land that borders this plot to the East , We decided to purchase property in Weld County because of the obvious intentions of the county , to keep subdivisions close to highly populated areas . The 2 1/2 acre plots that are being proposed quite simply are not compatable with the surrounding acreages . This area is very important to agriculture , and the proposal for a subdivision not only puts the above mentioned plot in jeopardy, but the surrounding properties as well , as there is inadequate domestic water supply, poor perculation of septics , and the existing irrigation system will surely not survive such a change . I can only hope that the Planning Board will continue to preserve our agriculture lands , and disapprove this proposed subdivision. Sincerely, Mike and Valerie /McEntee fl7..J..Q. 721.C ,jee- nEC WE DEC 1 3 1993 weld Coaaty Planing EXHIBIT 2 . • s if 6 ' DEPARTMENT OF PLANNING SERVICES PHONE ;303) 353.3545, EXT. 3540 :1 WELD CCUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE -7:4 ® • GREELEY, COLORADO 90631 COLORADO RECEIVED N0V 2 2 1993 November 18 , 1993 CASE NUMBER: S-348 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a .Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates g2) . The parcel of land is described as part of Section S, T4N, 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 1/4 mile west of the intersection of Weld County Road S and State Highway 60. 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 December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, 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: S. Please refer to the enclosed letter. Signed: _?542.42 (b // ��Agency: -` "1 ) G — C E Date: I I— ac(- aL3I EXHIBIT DEC C 1 1993 • old Count1 Planning ist6.-- , 111EMORAnDUM WIIDePonnna Daniels-Mika Ta Planning Date November 30. 1993 COLORADO From Donald Carroll. Engineering Fr Subject: Ivar and Donna Larson S-347 & S-348 I have reviewed the final plot for a minor subdivision in an agricultural zone and have the following comments: I am referring back to our prior memo dated March 16, 1993, on Mountain View Estates #1 and #2. On that memo we were asking for several items. The items that were addressed and completed from that memo were the road cross-section culvert item, which is completed and adequate now, and also the technical data support on the drainage information, which was supplied and which is adequate. The issues that were not resolved were the dedicated right-of-way issues. Please look at the memo for that information. These items are still an issue with the Engineering Department. cc: Commissioner Baxter Drew Scheltinga File S-347 & S-348 mmonica6.pds 1. DEC C i 1993 Weld County Planning 940302 FIELD CHECK FILING NUMBER: S-347 DATE OF INSPECTION: J11.3r1(23 APPLICANT'S NAME: Ivar and Donna Larson CURRENT PLANNER: Monica Daniels-Mika REQUEST: A Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates #1) . LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. LAND USE: N ITLaiL, LA- E f /k /Ad S [[]�-� , Lave, W (TG]/�;t, is ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COI:IIIENTS: nn ("----, _. [ aii993 , wpii nRrtr•iPi ` sEXHIBIT bar- 940302 isayi ,\ f6.= I,, it, DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3945, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES ilicp: c, 1400 N. 17TH AVENUE , GREELEY, COLORADO 80631 :h. COLORADO November 18, 1993 ' CASE NUMBER: S-347 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates #1) . The parcel of land is described as part of Section 5 , T4N, 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 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. 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 December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. A We have reviewed this request and find that it •oe /does not) comply with`our Comprehensive Plan for the allowing reasons. a/c /�,f'-r m4 Tiaf/rQV.22- ,�/�,Ul 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. /� yPPllease refer to the enclosed letter. /�Signedjadia /4,. '�'�!r Agency:(7f 5..971—��t�0 C çç'ç Date: /7—,.-2.1-- 9� ,'�‘ic/t�rB,Qfaa ' '! - 4 EXHIBIT a NOV 2 4 1993 +►rlre Pnunrj 94100.Qr2i Jam ' � � , r,_ %�,�, '' ME iORAnDU(°n rDEc ' ° 993 Weld County Planning WilDChuck Cunliffe To Planning Date arch 16, 1993 C. \\y COLORADO From Drew Scheltinga, EnEineering subject Ivar Larson\Mountain View Estates #1 & #2 S-330 & S-331 I am reviewing Mountain View Estates #1 & #2 at the same time and including my comments in the same memo. The purpose of the minor subdivision as outlined under Sec. 4.1 of the Weld County Subdivision Ordinance is to make the review process simpler when considering small subdivision with a maximum of 6 lots. The submittal of Mountain View Estates #1 & #2, having 4 and 5 lots respectively, is an obvious effort to create 9 lots and avoid the normal subdivision process. These two platings should not be viewed separately and should be required to be submitted as one application. Access onto State Highway 60 will have to be reviewed by the Colorado Department of Transportation. Considering the traffic on State Highway 60, and the traffic that would be generated from a 9 lot subdivision, I suspect the State Highway Access Code will require the construction of turn lanes. The sketch plan indicates a 24' wide roadway inside a 30' dedicated right-of-way. This leaves 3' on either side of the road which is not enough for any kind of maintenance. The sketch plan also indicates a 25' easement on the west side and a 30' easement on the east side. This leaves a total corridor 90' in width. I recommend a 60' right-of-way be provided along with the appropriate utility easements on all perimeter and lot lines as required by the subdivision regulations. The geometry and right-of-way of the cul-de-sac is unclear. The easements for the lake ditch and the home supply ditch should be included on the final plat. The road cross section supplied is adequate with the exception of the 12" culvert size. I recommend a minimum of 18" because of maintenance problems with smaller diameter pipes. The sizing of the ditches should be included in the final drainage report. There is no technical or support data provided with any of the drainage information. Brief statements are made in an effort to address the requirements of Sec. 10. 11. In general, the conclusion is there will be no change in run-off or change in existing patterns. Those conclusions may well be correct, but prior to proceeding to final plating all maps , computations and technical support must be provided. For example, a ditch and culverts are planned on the west side of the road that will drain a substantial area and direct it to a crossing under State Highway 60. The adequacy of that system and the improvements will have to be addressed. Also, there are existing irrigation ditches that will effect the site. The information provided in this submittal is minimal. Therefore, at the time of final plating there may be comments on items not apparent at this time. DS\pds:mchuck cc: Commissioner Baxter J. EXHIBIT S - 330 & S - 331 _ 40302 , „,:„ \v k, 1PM DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES nw 1400 N. 17TH AVENUE -`. P CoGREELEY, COLORADO80631 ryCOLORAD a 9 .4X'- - Jo." November 18, 1993 CASE NUMBER: S-347 1'y!u j1L TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision i.n the A (Agricultural) zone district (Mountain View Estates #1) . The parcel of land is described as part of Section 5, T4N, R6SW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. 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 December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, 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.h c Please refer to the enclosed letter. Signed: 2 .�L Agency: Cot Do en- a ;,qs CON .. onnM . Date: DEC 0 1 1993 D77 - EvianZa DEC 0 6 1993 "Void County Planning 940302 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES Acting Director SUITE 380 LOGAN TOWER BUILDING PATRICIA BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor December 1, 1993 Monica Daniels-Mika Weld County Planning Services 1400 North 17ih Avenue Greeley CO 80631 Dear Ms. Daniels-Mica: Cases S-347 and S-348 have been reviewed by this office. We would like to point out that there currently are producing oil wells to the north and west of the proposed subdivisions and that the potential exists for further development of the mineral resources surrounding them. Any development will of course be subject to applicable Rules and Orders of the Colorado Oil and Gas Conservation Commission. Additional set back protection for the subdivisions could be sought by the applicants if they apply to the Commission for High Density Area designation. If you have any further questions please contact me at the above address or phone number. Sincerely yours, c,/ Robert J. 'Van Sickle Petroleum Engineer LOEC IVE 'n DEC 4 ' EXHIBIT Weld Co ' � 02 EngineeringCorparatiart July 6, 1993 Cn Mr. Chuck Cunliffe, Director Department of Planning Services JUL 1 2 1993 L 1400 N. 17th Avenue Greeley, Colorado 80631 - .v8 RE: Mountain View Estates I and II Minor Subdivisions CASE #: 5330 and 5331 Dear Mr. Cunliffe: This letter is drafted to present information to the Weld County Planning Department relative to establishing the compliance of the Mountain View Estates Projects with the Weld County Comprehensive Plan. The projects, as proposed, represent the minor subdivision of two contiguous tracts in the NE 1/4, S.5, TAN., R.68W. The projects have frontage on Colorado Highway 60 and an existing public assess easement. The two parcels of land are located in the Loveland Urban Growth Area. The properties in the immediate vicinity are largely residential rural estate homesites, existing farm houses, and mobile homes. At present, there are 14 homes located within one-quarter mile of the property and the minor subdivision of the Lebsack farm is located less than one mile to the east. The proposed subdivisions are compatible with the existing homesites in that the proposed lots are similar to those in the area and the proposed homes will be of equal or better quality than the homes which currently exist in the area. All services currently exist in the vicinity of the site. The applicants, Ivar and Donna Larson, have owned this property since 1972 and have continuously farmed it. As you may or may not know, they operate several farms in Colorado and Kansas. The Larsons are well aware of the agricultural characteristics of this property and have first hand experience with how the development and building in this area have made these parcels extremely difficult to farm. These parcels are long and narrow and are bounded on all sides, except one narrow end, by residential property. Specific difficulties which are obvious problems are indicated below: 1. Any spraying to control weeds or insects is virtually impossible due to the proximity of houses and horses. Aerial spraying is impossible. 2. Loose horses from the neighboring estates have been a problem on crop land from time to time. 2 EXHIBIT 1714 Topaz Dr Suite 215• Loveland. CO 80537•(303)6678010 �91 �2 Mr. Chuck Cunliffe, Director Page 2 July 6, 1993 3. The local irrigation lateral system is used to irrigate these parcels as well as the adjoining estates. Residents of the nearby estate properties are generally not knowledgeable concerning irrigation and are not raising cash crops, hence make the general effort required to irrigate these two parcels much more difficult. Children from the adjoining estate properties have caused minor vandalism to irrigation facilities. The Weld County Comprehensive Plan addresses the various concerns which the Larsons have in the section entitled "Concerns of Farming as an Industry". The two tracts of land proposed for subdivision are no longer economically viable farms due to their size,proximity to other housing, and the additional production expense required to manage them due to the reasons previously stated. It should be emphasized that the proposed minor subdivision properties will be of similar size and quality to the residential rural estate properties already existing in this area and that these parcels are no longer economical or accessible for farming for profit. The proposed subdivision will allow more compatible field irrigation of all the homesites as the distribution basis will become less critical without cash crops involved. The area is currently served by public water, natural gas, State Highway 60 access and is within the Urban Growth area to the City of Loveland. The above facts illustrate that the development of the subject properties will be in compliance with the spirit of the Weld County Comprehensive Plan. Respectfully, CDS ENGINEERING CORPORATION r—l<2? n F. Donnelly, P.E. JFD/dm1 940392 •_ BERTHOUD FIRE PROTECTION DISTRICT Box 570 • 275 Mountain Ave. • Berthoud,Colorado • (303) 532-2264 November 24 , 1993 Department of Planning Services Weld County Administration Office 1400 N. 17th Ave . Greeley, CO 80631 Dear County Planner, The Berthoud Fire Protection District has reviewed the final plan of the Mountain View Estates 1 and 2 (5347 and S348) . We find no conflict at this time. We still require the same requirements stated in our letter dated 05/05/93 . The proposed locations of the four fire hydrants that are on the blue prints titled "Preliminary Road Plan and Profile" meet our requirements . If you have any questions, please contact my office. Sincerely, Rick Slaby Captain IEC Wit DEC 0 2 1993 Wald**NW Noah* 14. EXHIBIT AN EQUAL OPPORTUNITY EMPLOYER 35 " 940302 • 114DEPARTMENT OF PLANNING SERVICES 7� PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE ;:' GREELEY, COLORADO 80631 COLORADO November 18, 1993 CASE NUMBER: S-347 TO WHOM IT MAY CONCERN: Enclosed is an application from Ivar and Donna Larson for a Final Plat for a Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates #1) . The parcel of land is described as part of Section 5 , T4N, 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 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. 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 December 3, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, 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. /�¢- �7 Agency:6 7- io£L'i � d(2647-4.c41- Signed: r r T1�r r Date: aj _ lCz O DEC 0 21993 Weld County PN,1'9302 Mountain View Belgians Dennis & Jean Kuehl 1850 East Highway 60 Loveland, CO 80537 December 9 , 1993 Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: ROAD proposed for Mtn View I and II Subdivisions CASE # : S-347 and S-348 Dear Planners , Planning Commissioners , and County Commissioners: We have owned land adjacent to the property proposed for subdivision for Mtn View Estates I and II since 1977 . At the time we purchased it, there was no indication of an easement agreement with any landholders to the west. Ivar Larson did not record this agreement until 1982, five years after our purchase. The easement has never been shown on our legal plat of our land. The easement agreement which was recorded was an agreement between two landowners , not intended for use by owners of nine small acreages . We plan to question in court the legality of the expanded use of this easement. It appears that Mr. Larson has planned for the road for this subdivision to be halfway on our land. Mr. Larson, when he first talked about possibly using this piece of land, indicated that he would charge McEntees (who do have legal right to this road for access to their property, which is directly north of ours) and Kuehls for"improving our road" . We are concerned that he may still try to do this . We are very satisfied with our road just the way it is. It costs us nothing to maintain because we grade it and remove snow using horsepower (the Belgian horses which we raise) and horse drawn implements. The proposed covenants for Mountain View Estates I and II plans for the 9 landowners in the subdivision to maintain this road. There is no mention at all of the two landowners to the east (McEntees , who will continue to use this road. It seems that this will & Kuehl bring a lot of conflict to the neighborhood. For example, if the "homeowners ass 'n" decides the road needs more gravel, will they expect us to help pay, since half of it is on our land? If they don't maintain it to our satisfaction, do we then have to maintain it for traffic from nine residential homesites? That will probably mean between 15 and 20 more cars traveling up and down this road each day. EXXHIBIT Ia ROAD, cont. S-347 and S-348 The proposed covenants for Mtn View I and II subdivisions do not allow "any materials to interfere with maintenance of their utilities" , yet Larson plans to run his road right over our water line and natural gas line. Our water line has needed repair in the past from vehicles turning around on it. Will these subdivision dwellers want "their" road dug up if we need to repair a water line or look for a leak? Having half of the road on our property will mean moving the irrigation ditch which has run along the property line for at least 20 years. It would need to be moved east of the road in order to irrigate our fields. This would put an irrigation ditch right through the center of our farmyard. We Will be unable to turn around our two ton truck and 30 foot trailer or the semitrailers that occasionally visit our farm. I doubt that Mr. Larson is planning to enclose this ditch at his expense, and if he does offer to do this, will he then also be willing to pay to keep silt out of this enclosed pipe crossing our yard? One very large 16 year old tree would need to be cut down if the road goes where Larson proposes. There is no indemnity clause in the covenants to protect us from lawsuits from a subdivision dweller who becomes injured while driving, biking, riding horse, (or whatever) on our side of the property line. This is putting us at risk in order to save Mr. Larson the money of building his own road entirely on his own land. If he wants to reap these huge profits from subdividing within an existing subdivision, he should at least be required to not complicate the lives of surrounding landowners with conflicts over maintenance and risks of lawsuits . This proposed subdivision is harmful to our welfare in another way. We do hayrides for community groups with our Belgians as part of our business. We use roads and fields immediately within this vicinity. This is a significant part of our income during some years . Who will want to go on a horse-drawn hayride when it begins to look like a small city around here? We respectfully request that you vote for denial of this poorly planned subdivision proposal. Sincerely, Dennis W. Kuehl an K. Kuehl 1850 E. Hwy 60 Loveland, CO 80537 940392 Mountain View Belgians Dennis & Jean Kuehl 1850 East Highway 60 Loveland, CO 80537 December 9 , 1993 Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Mountain View Estates I and Mountain View Estates II, Minor Subdivision Proposals CASE # : S-347 and S-348 Dear Planners , Planning Commissioners , and County Commissioners : We wish to dispute claims made in a letter from CDS Engineering which claims to show that proposals for Mountain View I and II subdivisions follow the Weld County Growth Plan. Many of the statement are, at minimum, distortions of the truth. First of all , the 80 acres of which this proposed sub- division is a part is already divided in a reasonable manner. The lot sizes being proposed (2 . 5 acres ) are not similar or compatible witn sizes of adjoining rural estate homesites , nor with the continuing operation of the malor cron land which entirely surrounds this 80 acre subdivision. Maps to scale are attached to show the present subdivision or the land and Mr. Larson' s proposed changes . It ' s apparent that present lot sizes are similar and compatible with adjoining acreages and crop land. The Lebsack Subdivision which Mr. Donnelly referred to is in Larimer County, 1 1/4 mile northeast of Larson' s land, and the acreages are larger: four 7 acre lots west of Rd. 7 and one 8 acre, two 12 acre, and one larger lot east of Rd. 7 . It appears that these are also not similar to the lot sizes Mr. Larson is proposing. Yes, Mr. and Mrs . Larson have owned the land since 1972 , as stated, but they have not personally farmed it all those years . For almost all the years since purchase, the Larsons have leased the land to successful farmers in the area. The Reuben Brehm family, succeeded by his son, the Don Brehm family, profitably raised crops on this land for many years - corn, soy beans, and green beans . Mr. Brehm told me yesterday that he would still • lease it again if given the opportunity. Surely this man isn't raising crops just for the fun of it! It was also claimed in the letter from CDS that "building and development in this area have made this land hard to farm" - we have lived beside the land in question for 16 years , and have seen no building or development here, other than three pole sheds for animal shelter and hay storage. What is suddenly more difficult? Mr. Larson did personally raise alfalfa on the land last year and he harvested 99 of the very large square bales from this 25 acres , with no attempt to irrigate that we were aware of. 940392 S-347 £ S-348 , con; John Donnelly claims in his letter to the Manners that aerial spraying is impossible on this piece of land. :f this is really a problem, how will adding 9 small acreage res.cences impact operations by owners of the large crop land farms which entirely surround this subdivision? Interfering with oneration of productive crop land certainly doesn' t fit into the Weld County Comprehensive Plan! In 16 years , we have had few conflicts about the use of irrigation water with neighboring landowners . The major conflict was due to the fact that Mr. Larson constructed a new headgate without consulting any of the users , and then billed us all for it. We do consider the hay we raise a cash crop , as without it , we would need to purchase an equivalent amount of hay to feed the Belgian horses which we raise, train, sell, and use for hayrides in the area. We usually have approximately 15 horses at any one time, but Mr. Brehm can recall only having to call us one time about our horses being loose on his cropland. The other two main users of irrigation water grew up on irrigated farms and are totally knowledgeable in this area. Both raised "cash crops" - Dick Snider raised sweet corn to sell to the public, and Larry Starck maintains grass for his sheep. If irrigation has been a problem for Mr. Larson, who claims to be knowledgeable in agri-business , how will 9 owners of small acreages (many of whom will probably have little or no knowledge of how to irrigate) manage to use ditch water without wasting it , and without interfering with the reasonable use by adjoining farmers . "More compatible irrigation" will be achieved if the present 10 acre lot and 15 acre lot are sold in their present size, for rural estate homesites, as was intended when the land was subdivided originally. Mr. Donnelly in his letter claims that some of the only 4 children living in this immediate vicinity during the last 10 years caused "vandalism" to irritation facilities and equipment . If this is true, consider the impact of 5 - 10 more children living, playing, and "hunting" in the same space. Those of us who choose to remain here will still need to irrigate - the developer is obviously not considering anyone else ' s potential problems . Mr. Larson has suggested that if he doesn't get his way with this small acreage proposal, that he may request a special use permit for a high density feedlot. Since this is a large acreage residential subdivision, this is also a bizarre and totally in- appropriate idea. If he wishes to do something different with his land however, he certainly stands to make a great profit by selling the 10 acre and 15 acre lots just as they are. The 10 acre lots in the Ihnen subdivision which you recently approved are two miles closer to Loveland and are selling well. 340302 S-347 s S-348 , cont . The letter from CDS Engineering states that this is within the Loveland Urban Growth Area. It is difficult to say where Loveland' s Urban Growth Area ends in this area. Loveland City Council Members are at this very time struggling with a master use plan for the land all around Loveland. I have spoken with two city council members in the last two days , and they have indicated that this area of Weld County is "delicate" to deal with and will require some careful decision making. They spoke of the need to work out some agreements with Weld County before any further development takes place . (see attached newspaper article ) . Maybe this prime crop land should never have been divided at all , but for the reasons stated above, chopping it up into ever smaller pieces will only serve to produce one very wealthy person, create a drain on Weld County services in the distant areas of the county, and interfere with operation of surrounding crop land. It is certainly not in compliance with the spirit of the Weld County Comprehensive Plan. Weld County citizens have worked hard to produce a reasonable growth plan. Now those same citizens need you as planners and commissioners to carry out that plan. Please deny this request for Mountain View Estates I and II. Respectfully, Dennis W. Kuenl can K. Kuehl 1850 E. HWY 60 Loveland, CO 80537 940392 ;JO c'_ R o P L Frr f{IG/IcvAy �o t? 5 10 7 l6 ACRES RGQES AC,2F..S ACRES MAJ'oR At ACTOR. CROPLAND C' ROPLR/(D E -< ACRES ACRES AaREs *,� or\ to )� G 9 eowSoLICATED ilanE SUPPLY Dim rAC MAJOR CROPLAWD 5 2-- 940392 Councilors3 planners • form land- use tears /g-7-%3 By Troy Turner Reporter-Herald Staff writer As city eyes growth , Loveland City Council members and planning commissionersMonanight split • planning ' group shrinks up into teams Monday night as part-of a plan to complete a new land-use map. . By Troy Turner the commission, and poten- A joint session of the two gov- Reporter-Herald Staff Writer, , tially three, considering that ernment bodies met for the sec- commission chairman Larry and time after first seeing a pro- . The Loveland Planning Com- Walsh's appointment is about posed land-use map Nov. 29. The mission finds itself short- to expire on Dec. 31. However, city officials spent a week re- handed during one of its busi- Walsh has indicated to city of- viewing and questioning items in est times. . ficials that he would like to be the map and an alternative map, •Normally, the commission reappointed, and most expect both presented by Denver con- has seven members. But while .that to happen. suiting firm HNTB. 'the city is dealing with growth The vacancies`come at a The development of a final as perhaps its No. 1 issue, the busy time for the commission. land-use map has become a criti- Planning Commission is look- , The City Council and Plan- cal issue in the future develop trig to fill two vacancies in-its Commission of Loveland. Once finalized, membership. ning on spent Mon- it will serve as a guideline for of- One of the vacancies was day night reviewing proposals ficials on where to approve devel- , opment and preservation. created by the loss of.former for the next land-use map which will be a guideline for Five subcommittees were Councilman Gary Hausman in development and preservation • formed Monday night, each with the municipal elections, who in Loveland. two council members and one did not return to the council .Man officials and residents planning commissioner, and each and his role as Ccotmcil Commission. liaison are looldn to the map for an . on the Planning Commission. B. subcommittee will have city An ordinance expected to be indication of how and where.. staffers assigned to participate. approved by the City Council Loveland will grow. , The subcommittees will meet this week will eliminate,the Also, an interim plan of at various times during the next council's requirement that a some kind likely will be used month to outline specific issues council member serve • con the while the map is developed. . and interests in their assigned commission. - -- — - -.- That's because of a continuing areas. Their meetings will be The same ordinance also list of proposed developments publicized once a meeting Galen- will require that all coin seeking approval in Loveland dar is established, and the groups mission members be residents now. ' - will meet together again in an- 'living within the city limits."' Residents•-interested in ap- otTh joint subcommittees on Jan. 12. Former commission mem- plying for one of the vacancies The and their' members are: ber Sally Landes, appointed to on the Planning Commission • U.S. 34 corridor Council the commission in October, re- should contact the city man- members Owen Walters and. 'signed her post because it was ager's office at 962.2303. The LyndaNielsen; commission mem- discovered that-she lives-just', deadline for applying is Dec. .:ber David Lingle. outside the city's boundaries.,4*.G: 22, •and applicants must live • "■<Airport: Council members ':.That leaves two'openings on: ,within the city limits!,N ?''''il • ;•Forrest;.Knox and Treva,F,d-1 f wards !commission'member:Kaj: a -;, • Mjelde." .: i - " ,•-Natural areas open space during Monday m is meeting. i 'Annexation Council mein '.Council members Cunningham -. tiers Alan Cunningham and Jeff] and Edwards, commission mem- 'Among other'a Peterson, commission member' ber Larry Walsh.• .. ing was future traffic needs. Data Barbara Liebler. The officials volunteered for based on HNTB's 'original`draft . C.' • Urban growth boundary: : : the committees they were named map will be provided, by city en- j:Council;members Ray Emerson .to, and the five issues established" gineers so that`the.:subcommit- and Rollin"Clark;"'commission,...for•special study were selected .„tees can.figure it into their vari- member Ronald Weaks. ' after discussion of top concerns• ous studies. , . .- _ _940302 lv t--- 'ht.10K 7` Lit° PL/-tt/C - -?- NIGk4JRy No . 1 2.5 ACRES a ,5 5 ACR•ES 7 16 ACRES A CJtES ACRES t? a.5 ACRES t- . /hR0roR /'4 RYOR_ CRoPt,RNQA.5 a Ra PLR/N(0 ACRES VI` ' AC 4 _ ACRES E .2.5 ACRES a:5 8 &it:RCREs ACRES MRS R&osCep A.5 n ccO C RCZEs CAP lc c #f Aa4€E55 eokSoLIDATED NOME SUPPLY Dire! -1----------\\C IAAJoR CROP LA WD S Ns 940302 DATE: December 14, 1993 CASE NUMBER: S-348, Mountain View #2 NAME: Ivar and Donna Larson ADDRESS: 925 N. County Line Road #1, Berthoud, CO 80513 REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district. LEGAL DESCRIPTION: The NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and State Highway 60. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED FOR THE FOLLOWING REASON: The applicant has requested a continuance based upon the need to obtain an additional access permit onto State Highway 60. The applicant would like to continue the case until January 4, 1994, which is the next Planning Commission Meeting. I a EXHi817 940392 BACON LAKE FARMS Colorado and Kansas Ivar W.and Donna \1. Larson.Owners and Operators 925 North County Line Road, Route 1 Berthoud, Colorado 80513 December 15, 1993 Ms. Monica Daniels-Mika, Current Planner Department of Planning Services Weld County Administrative Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Mountain View 1 and 2 A portion of Section 14-T4N-R68W Utility and Road Easement Dear Monica: Due to the potential conflict regarding the shared road and utility easement with the neighbors, Donna and I have decided to place the entire road and utility easement for Mountain View 1 and 2 totally on our property assuming the proposed minor subdivisions are approved. This is our legal notice to you of our decision. This decision is not meant to deny our claim to the shared easement and should not be interpreted so as to jeopardize our claim to current and future use of the shared easement which was filed and recorded as part of the Recorded Exemption #1061-5-1-RE 126 approved by Weld County in 1974. This parcel of ground is no longer suitable for crops because of the residential pressure. If these minor subdivisions are not approved, our alternate plan is to use the site as an agricultural feedlot facility and we reserve the right to include the shared easement in that special use application. If you have any questions, please call. Since ely, I / - 0 . L _hi*en-- Ivar W. and Donna M. Larson cc: Lee Morrison 12. EXHIBIT � mEmoRAnDum WIDc Monica Mika-Daniels January 5, 1994 To Dote COLORADO Jeff Stoll, Director, Environmental Health From Mountain View Estates: Geotechnical Report Subject: The Division has reviewed the geotechnical data for Mountain View Estates 1 and 2, submitted by CDS Engineering Corporation. It is apparent from the data and the recommendations from Anthony Wernsman, Project Engineer, that the proposed sites will be able to be accommodated by standard sub-surface absorption systems. Therefore there are no conflicts with the Weld County Individual Sewage Disposal System Regulations. However, it is important to note that each site will need to be permitted and evaluated individually prior to construction. If you have any questions, please call 353-0635. JAM 0 6 S?9: I Weld CDzc?;Planning EXHIBIT qq I .. our ,y . . u�x dierii 1 ' 4 ( 'd �4�yip,. t .: 01.k', j ft 1 �. t 7 , " �.4 f.: r F . 1 y.,„ i., ).1.,1,"'i 1. '. ,' I Ill .. , .tory ' .. ., .,,last,1�; r • i 41 'c.it s `t'el f .. / • S'i ..7.e, e! ;v+p > 3<�)4'`�9 ,7j3..P!V ^r T ti^•/f 41. p : V {p' _ Dew iwaf,a . tit .. . 1#J - .. { W y p y t__. a , � 'y � "* '� '�+ Fil I t , . \', . i I G r ;::a. . r • - 1. a _ 4 ,c EXHHIIB�IT'`;• 92 d x r it ycA s • � , ,S . c; :l F f ,sf B 0968 REC 01892123 05/19/82 15:56 $3.00 1/001 p r`r'v` ir. F 0846 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO 'fy3, %, A.1612123 ::'-c-. This ease.nen+ re-Qers {v Reco.ded �erxpl+u,. Alo, 1O61-S-I-RE�zG 4";,;,,,*, Zook -712. Recep{w..# !63364.3 t:Xtz ( ;CI(C{+- J v.;] ''t _ March 241 191E ,. ,,i,A,,4 rr.t d ' tq . t' y w-'^. TO WOl IT MAY WA'IItl. •~f .�� - rr ?rJ I will treat as easement 30 feet .era. for an access road • and utilities on the was boundary of 4 Ga'e9art7 Ire-fold Qum ' . 0 adlaasit m property owner p$ovidsn a siSt' 30 foot easaeent on t i -- -' r their east boundary. this OOnrt •itwtee • 60 foot total access - �G t;%L - ea.eseuf *Loh contorts to county standard.. N.w.. .,� The total 60 foot rids sasnt would ban a center line ,b ID w Ir acZ De�ml 011.261 west of the I.P. et the 1.2. corner of Section 5, r -...f...-:-.• T-4.1R.2.60.V$ ulth e 5 02°1P'OOe 2 bearing and distance or z .,;s,y` 2571.b. feet. _+y4a`r , • vY y^_ ' 4.Tt This sasewa6 would provide accosts and a location for ?r1R ' +Y'z'� utilities for property owners ee each side of the eaaeeeot. y; 14 'C�✓ tQS¢11 N -ON:ttl L 4.6- < TY tl frar-In% . 517 a.J.e...5-.1s_ ,,, s,• i -'- � ,1 s of, - p:;, • - ". 4.•7y s. -� orig!dal. is on 0.7e. w. //' 'lit_ weld Co. -. '47.-41,9,0 V , °E /��Ti /�/] 1 * •-.1".....,JL;YI f 1/V`' �,—.,�tl//y/v/J// 4 EXHIBIT ., w,,x%,' ,. w; jig'.• . %J .% 1, 1.{4%4:1337:4' '. 0 # :I4 +,. y:....' . ..• C' ~ ~ „Ly:.rye w�/,,�� P4,Y, t---t-{ s - ' J..'. ✓`; ':T'�^~ flk•e,As�IrOa+- ' 1.:'~ i r i . .. +atlk J Fre,4. fy..r{f7 - '�[d . . _1 —1 • • eKs° Per_ . . ,._. W.r•[11. _.IA APR F i°74 i cO.os t eni 712 Rea 1633663 >, 7.. 70.7... J,. .a.. Iii aE P to IN ••• is f-/ I r<IA, •-••t II RECORDED EXEMPTION NO. 10671-5-f-RE f ♦MELD I' NI MCI' n 13662 Nina 25, 19Th Ira. SLY' '•. \ i dlmt L. 1 L., INC.. IUII LAM M,LAR, 7NESIDLIM ' , _ _„ 1 VIR 97$ D. COT VIZ ROAD, SAIP111oUD, Oo1LN1D0. 80513 ..1 R - :, r1 '1 A TRACT 0► laiD =ATM II DIEIDRIIILLR QUARTZ( C•' SECTION 5. — � Il j • ' T6a9 TP L NCIITSI, UNIX 68 KIT or TIM SIMI PNIIGIP:'. MERIDIAN, Arcs 4ID I02 PARTICl/IaaL7 DRJIRIOLD AS IOLLLV4, a' ',7' new. :C AID COUNTY, C01,0R100. T•04.114.6,04♦.asAFw al.14.C :'.fit —' ®IDR7D A0 TIM x711 EAST COI Of SAID SECTION 5, TREKS HOMO THE .T.N. MORIN LIi Or SAID SECTION 5 Jr 81.1.76 PEST TO 712 TRUE POINT Of NtINNIILI ft.‘,../ - -1 j •!. I'Ma CORIUM° MONO SAID IDEIN LIi WERT 769.97 nit' TOME MAIM mammy y -1 Me/ 7a71r'u Of Tat EAST 12.50 P TCO Ia4T 165.00 !T O Da DO tw• T OAS SuIE t -`nS'- a or S ID SECTION OP ffi EAST 1O: IiT 0I ffi iR Z SO OI 247 N30. EAST 1217.92 'I•-�.; rl - to YID L 53 TEA AL= SAID SITT LIIR AICTJI SECTION 0• TAR 177L.97 SAID SORE OR LESS -`,a I i TO ffi 8SCOTS%5' y NASTOF ffi 55 YEEASf WIZ CR L OF SAID SELTI011 SI T2RCE LLCM 819D' SOON T A PMONTISSS IIII:X67• 571.$5 EECT IID I I LEIS M A LIIR SAID BEARS WORTS )•19.00. WEST 1!p --x? ''• • PL3S 7TC.'9® ffi 79LZ MITE Cr 8...IEN:Tut 0? C Ai:.•L Skit LI76 fl-Vi 2°79.66° 'Z9f _ _ t. • 2577.61 IXT MOM Q LESS TO THE TIDE POIIR O/ RECIQINO. SLID DLSQIJEJ PARCEL CORAIEI •.Ys J r 25 ACLUN0iD1 CA 7.77.9. I, I.. i L., Ina., being as sal. 1 AI • -1 =ma in fee of Q. 'bon on- ?�•Z{ embed Pnp•KT d ►Eai'/ divide yv�, [JI \. \'Tam• •ort a MLA.OS SIO MILD m.•IIIP' 'A, l� Fe. or•wa t a Ties CeaTT the sae a awes •. Attacks! .; A\4 Pp, ZR AT 6•COa. se no Aew.....w. et [E sap. 6/ , art ,y dE�3 T-4��� R-iiisss-W Maw+av ru..m.v N.nr. qs PEILI4UZ COUNTY ROARS A :3; ,, J t : D FO. I.I.AT n.E.CONC� I' N{ Ind. CF4. WEST DOC..�.TJ-N..!'_�_r i:.., . '• RE.7 L3. •WIZ nww.'•.. 7 e ' ••:' ter,. \ --.4( e; "t pq.3M 79e tonsetng ev tttcatioo we f- • Me aelmaledNW RefmN a this AIM „ v day of AX, , A.D. 197¢ .:7 . IN AoerreseL N' etas 14 Ca�sint,u .win. .•'. q..c, Ir AilNf/Rf rimam , �L Sae MRAio'TOTAL _ . T sJ9swNT PUN A¢t<O Rotary Fa131e 'Ws It sawalser PeettIertv , wlY .,. L 9.9,1 owacte %alma a Haat a 1 IC ff•'. y 8 • II ' }• *.i 4 N0 r:. w.Nrl 1 7a�p = WCST 0 cute I•-{O0' O 1 _ a II I r 1 RE07 MCI TWAT 11113 PLAT ILORIMED Cal NY "�; _ C W. I 0 SOInnISIONP Ai MATT SANE IS •-'___ JO ffi ELM OF --r^+: 1 NT O7NIIDdt `®7.8► J"� '7 `S. • 3 _ u 34 I PARCEL'S' N •% -... . .` • ? f a •,•" - r. w Sale Si• J NOIQIE E. (70011• w .. r "71 1. O S te++•t � caaseo mD, c. �{ -.tP', L. U. a. ...;•• `1: a• 4 -a I•-✓ [ ' •"' S N I TIM ACCONPAIIIJD PLAT IS ACCEPT= AID ''- I i , ss ' MOOS= PM 7aZ . Y y+. .p 7 mar /� 'N,. J N!I d,LJNE P2 1/4 SEC T {(l,. . • ;`-yI•(r v . f; • I 11.•N ,R-Y-W to or omen ess.n ! • Iiiilfir ra to _ y 4. i ; I l P', awn a min So -< , ,y i� 77t{ COUPON'«w1u .- 1` •: I KM.. n.•.. MAT This I'. "'' fj . . eA{ 1 f/A . . ., C `, APR()MCCr`. (} � ' .AS �,.1 \.(. � a /':•'/ i` :. crt,g.y..,7::7 I rl I .r` y 't'y,; '',.� iZttY� .t'a• , /'lf' a .'... /- .imam. rvw.rr 9. 3 i o 4 11 T 1 i. ZbC'' I .1 )11 W \ 1-71 i 3. a 2 1 •y I� ccL 1'J u 3 ? 940302 Me- WO /II CROPL(WO . HIGHWAY Lo 5 /0 7 /G ACRES ACRES ALES ACRES t? MAYOR AI Al0(Z. CROPLAND eke FLAW) dc? ti ACRES ACRES ACRES �;"5\off co eoKSouDATED Home SUPPLY Dire MAJOR CROP LAW D ..-----�' S 77-- EANY8 /r . .4I y 9403°2 me__ AP,„it CRO P L Amo ----t------?-- d HIGh�,'A7 L-0 - - ® ® O O - t t..? /I.SMzE5 5 /0k_., ACRES `AID- AC2ES ACRES MAsoR - _ - > ( AlAdo2 CRoPL.AND .N* / RoPLAW) , 7 / 7 ) e E ?AA IN"}?C7FES" _.tbz CBEs . ,5�� Se _ _ , w-i i ___ 9 Acrcts ` eoWSou©/1TE© - >Joc4Sed-P , y n -rn 61 l MAJOR CROP LA KD S 2/ ICJ REs,oEM!Es - X ll rf317- 4 4O302 23520 Weld County Road 5 Loveland, Colorado 80537 December 10 , 1993 Ms . Monica Daniels-Mika Current Planner Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms . Daniels-Mika: The purpose of this letter is to register my protest against the proposed subdivisions referred to as Mountain View Estates I and II located in the NE 1/4 , Section 5 , Township 4 North, Range 68 West, Weld County, Colorado. For your consideration, I offer two interrelated reasons for objection to the subdivisions . 1. If I understand correctly, the 25 acres under consideration is designated as "agricultural. " Does Weld County approve of plots of only 2 . 5 acres under this designation? It seems that each unit should consist of at least 10 acres so that an agricultural purpose can be applied. 2 . This acreage is very close to a body of water into which water from the surrounding areas seeps . This wetland is home or a stopping place for a wide variety of birds , particularly because, for them, it is a marvelous source of food. With an increased number of homes and people in the immediate area, the result would very likely create both an added pollution threat from septic tank leaching and added noise polution from people and vehicles . Nearby farmers , who have water rights to this body of water, keep the water at an acceptable level by using it for irrigation of crops and for drinking by livestock . I shall appreciate your support. Sincerely yours, Hazel M. Carlson EXHIBIT 171. 7 _ 940392 7 7 L "jet 7 L 7 LTc/'.� • 7 IL L2 d �C>"IG-71 % L�°-;> =C 2C. 2& 3t, ./`/co 777. 74 . GGG 6 6d-6Z 2a(0 ,F-06 3/ `12(749.,_ 14/2e.€ A-n- t 494 2/0-d-7-- c2i2guy, >C G >L L Lo -�� �� �/ rc 2? z 'v 4/ (-72 •E L77 b.41. o- cam iL' ¢� 5 - 3(/7 £ 5 - 34/P, y1/27-€.2A-eC Ley ,Ctc2 `77Zfl✓ O2hto 2L �,CXiW W-7J(N FL" , �//��• L �,n'�p3 �fei to �6de4 .IJL o /k- !! at 19 Afe_a7 4)," \i>2 \ .ect" tl'S ' &z . V24. ,6u' c( �� 5 &c,c-t&i ei> 74n a /3 a- 'a,e6c /o & -te- 'z-2.e , 4 e /z ac,u2_, 42 7..„ sec( -747 hfr? > `Ian n Ca-A-77,7a-74/46 6-1-6-2 1 oCe- zfr L CD. .. We-c7 ei ay /2� 7/20c6-1--C EXHIBIT ri ` 9403.9, C 6/4).d-z c yL. ,c G✓cLe Cie .`71 Z<t ) Lc/ ✓`;L" )1 4- -LC G/L e6a, letp 76C 7 c ,2zo2te N-2 ) Ct`-) t ��.,i Z e d c<hr <f &K' eL /JJ�c v i'%rz %c2 lCf_ 71C17 < / z s tf % \��)-t C5-7tC A 2cec(" ah©-zc.r _ ti-/)Zv)2 P /a erpL-G . 7L-2- !GcJCc,.a-& Gc,Gc iic -. 7 2D ,)Z. -��t Zd v z�C�-ict, '! -. Q ec-z--ea..A../f y c,--re Soo _.C--7.z cL-�_ `n�z t decca72-K c - C - • - - 1,M161-45‘-n7 �G -7t-r7 CE! . .o,Zc-<-Z epee 9-, cam. awnc� _ -�L!�nC-0 . .z-nCI. _ ®7cg Cy≤ i 4 dZ. �GL ,a--e-C,22 I 940302 Cti l✓'✓f G � G 2.-C >7 C 2 , � /i lc k:2) G /(' Gt-leA ; .� oZttce . / )/?a -?'- VL/&76-;. e_o (7-ezeiazedz. a C2r e.- 'who ) L� ;cam[o�. .—n o- (Q4e ace' , L.,47:7/ ive4-,t . .�o t �I Gt2C<2a� .7 cz�rvrr li��c 940302 PJ -.. " . 6L-46-a_ ,ea-7 (.4 c-' 7e ACC -Z a-c3-- - eV z,,-eGL ;. C71 Z`Lt� `l-ea_. l `71_€-<„, a , 42 , new ' al;(-cc 6-c/erz.L 7-E-6-2.- / 1-77C( _f/ccc_- t-z 7 ,' 6--z 3 !71 `7L.? c.. �/7/6 'O. ) -El-4( z ;--7-7,_e____ _ ,;-der_ C jae1:' fa ?IC( v> O 4c- /2ZG a-(-4.-2C - - -- :lai-zee vea4.1-4-c-3 74-6?- 2.,ea{ -f-ert._ 6c.2-e_-_. . . ._ TG z C /?-co /l/7Zflc"-&r a-fCe— ! .� l -z3hO7J -.e-2.2 az �o per rt- . - ,e G a---77CC' ,9all-e ��, G C,≥ n Ze'ao 'oat ��� - ll. _ ca�7 _..ea zct '-ha_ e_. . . _ _ . x- L,0-?ham- --n t , ate- rz.L>, �_p ,z2.4. 2 c c., ._.?„ , 0-_-< ,nce-- - 00 _,C'Cv}.42 .. -- vi_e_eLe..5 ._ 1. -- _- - Il ---- --- - _ __ 940392 ijzi M;.1 ../4r1; /Cr . 4.-is?So' _A:Le& PLALat C1-4410e, st air?„4.tolec, yy--�%'Y O • O GJ'zzae4 GiG c -cOfc J SGZ`v dJ )60_64_0 �i GL -4,Le-ca „4ie-4-e-. a.4t&t. . • t z fS...•11v , 1?/ o t5c� ,- IciAcy122-4 _,Z,), gc4/675deezal s � 12- it- /J - /2.C1-G�i7 w /LcucicJ ��ec JCG.C- d-G`c�i e o 2 EXHIBIT. _Si_. 392 Li-,ter- - , C,,GL , £ l, ncx c?�-cc2, q,z _,Z4( .' ' �/P/rte �f' ���C-.� „}- c c Yae a-cc tty � d , 0, le, & -ev .-G t2' .%2a -. -/J�+Z�ade-/f Lg4J G2U '�Lcc.rC,O ti+CGO j -2 /lJ�d J 2 I G �� COQ -d�- Yip—Liao �iL o G-icliC_c,G � G_ �"i�' .de-74-1-‘t;L, e7Z; flee e et/ et.41-1, ( - 2111-Le � iLt ��p 612Lie 2-AW1,42-lc;2C-1�YJZC GJQ�CGL GL C ✓S C-e-;(lieldiate 4zreeet, st2,2) —Gd 0-t /J ji�Li.2- 4 G�a-ce v/ ca ti Jser- j 9403`12 -5-34 7 S- 3fl 1 I _ � L , .j ?z.c...-Nt ::.,Cri,-, LT I-ttL ri�`...Th c-�i L4� �7CQtCx I\OYr t,1 Y-Z-I. `rit 114;Y\. l..().LL"R.. I„ Ltl. �'F c -i� AX"�- oHti.-c- GCJ-11(, .•--lt AL It ,.l,ytc^-t—� ;t /is-.0-L- .1).---i---. '1U-O.--- .L1. fri3O e 4-e-- ••-" ;Si, CvYwQ ,fir d �^ ` 1 - ,, ,tlr- tL &.- .l-l-. r'Y t- 1.4_LNnL{,, etc,k,...—E1, arit-ri l iktriicy . ,k Y� of. ]t' A(A�7✓t�.o- .3-,rt �t 2t�.,t-�-'v 4.77.1C.7-1--,wwl 1.,..r. CIjl.d- .nert 0 CaLt-t( -.1-. O LefYHw4.L -L'1\ 140--A-daj"nA Ca" -1/2I" H+L-Me 1._a./4-11-'2.-^t. 40.....t.iiia-- -4--c_ 6,1_SA-14101 r"kt ft". litilL- ?-leTi-n::'&rvi . Z.a.-.4---H -tnell ,k,4't OV-cri"4-14J-iij-H-Le-iitA- , O.,,.Lt itx ALet-,t , pi-e-c-lceev -it. 4.1-t CL , -v.ti-- th. taoc y .GLf ,rite-- , _a il' a. %.L itti- 7i Cu1c� —cf /LA/due-74.n ,c.� .Lu`c-eF / � � Z�"tLt 24,--Y.-Lalc-ny Z-u-eZ 1 X14 124- r -!i cc-Lk �. :lrrut .f». .��c-t.3.1 a�'_ • I (/ (J/ SL J,(A,C'Lc.' .,,�'�L4--k4 /iiO.'1.C. LLILi_ �Y - (� a-4-A- c4.C1A. --ILI/\/(}�. S +tt;e C'/a-vtclek V j I EXHIBIT i •_f_O____ • .. I 02 December 8, 1993 Monica Daniels-Mika, Current Planner Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Daniels-Mika: This letter is in regard to the upcoming public hearing on case number S-347. As nearby !and owners, my wife and I heartily oppose this request being made by Nar and Donna Larson for a minor subdivision. We have listed some strong reasons for it to be denied. 1. Incompatibility with existing surrounding acreage 2. Leapfrog development 3. Threat of nine septic tanks polluting the irrigation ponds inhabited by federally protected water fowl and shore birds, and also to livestock watering 4. Difficulty with aerial spraying for surrounding major crop land 5. Increased traffic and transportation problems 6. Zoning 7. Noise When we purchased our property twenty-three years ago and started building our home and livestock facilities, it was our belief the Weld County's zoning and growth plan included concentrating growth around existing municipalities. It appears to us that this subdivision proposal does not ft the intent of the Weld County Comprehension plan. We sincerely hope that Weld County perceives agriculture and farmland as an absolute necessity and upholds these beliefs. Our trust and future are in the hands of the Weld County Planning Commissioners, please do not let this request be approved. Sincerely, i Lawrence H. Starck Mary F. Starck j EXHIBIT 1 940302 PL0949 941599 FILE CONTAINS PHOTOS - PLEASE SEE ORIGINAL FILE
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