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Home My WebLink About941106.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAT - FRANZ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of October, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of William E. and Marcia L. Franz, 39718 Weld County Road 33, Ault, Colorado 80610, for a Site Specific Development Plan and Minor Subdivision Final Plat on the following described real estate, to-wit: Part of the NW 1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on October 26, 1994, the Board of County Commissioners granted a variance from the requirements of Section 4.5.16.12 of the Weld County Subdivision Ordinance and continued the application for the Site Specific Development Plan and Minor Subdivision Final Plat to November 7, 1994, at 1:30 p.m., and WHEREAS, at said hearing on November 7, 1994, Jackie Johnson, Attorney, represented said applicants, and WHEREAS, Section 4.5.16 of the Weld County Subdivision Ordinance provides standards for review of said Minor Subdivision Final Plat, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and Planning staff and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 4.4 of the Weld County Subdivision Ordinance. PL0947 941106 et: "v) r244'z j o1n�4/s1�<v' hLL��3`-,z� MINOR SUBDIVISION FINAL PLAT - FRANZ PAGE 2 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 4.5.16 of the Weld County Subdivision Ordinance including specifically: a. The proposed Minor Subdivision Final Plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. b. The proposed Minor Subdivision will be located in an Urban Growth Boundary Area. The Ault City limits are approximately one-half mile from the subject property; the Ault Planning Commission has indicated that the proposed use does comply with its Comprehensive Plan. c. Definite provision has been made for a public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the Minor Subdivision, including fire protection. North Weld County Water District conditionally agrees to provide service to the proposed development. d. Provision has been made for Individual Septic Disposal Systems which will comply with State and local laws and regulations in effect. The Weld County Health Department has no conflict with the request. e. Soil or topographical conditions which present hazards or require special precautions have been identified by the applicant; the proposed uses of these areas can be made compatible with such conditions. f. Off-site highway facilities providing access to the proposed Minor Subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the Minor Subdivision. Proposed access is from Weld County Road 33, a paved County arterial. g. The Minor Subdivision is not part of a minor subdivision previously approved by Weld County. 941106 MINOR SUBDIVISION FINAL PLAT - FRANZ PAGE 3 h. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road accesses and right-of-way for the Minor Subdivision are the sole responsibility of the resident land owners or developer. The Minor Subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide police and fire protection, or other services. The Weld County Sheriffs Department and Ault Fire Protection District have reviewed the proposal and have no conflict. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of William E. and Marcia L. Franz for a Site Specific Development Plan and Minor Subdivision Final Plat on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The following notes shall be placed on the Minor Subdivision Final Plat: a. Uses permitted within the Minor Subdivision consist of E (Estate) uses as listed in the Weld County Zoning Ordinance and described in the application materials. b. All lots within the Minor Subdivision shall comply with the requirements of the Ault Fire Protection District. c. All development within the Minor Subdivision shall comply with applicable Flood Hazard Overlay District requirements. d. A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. e. Access to the lots within the Minor Subdivision shall be from Weld County Road 33. Lots 1 and 2 shall share a 30-foot wide common access easement located 15 feet on Lot 1 and 15 feet on Lot 2. Access onto Lot 3 941106 MINOR SUBDIVISION FINAL PLAT - FRANZ PAGE 4 shall only be by way of an access located on the south portion of Lot 3. Lots 4, 5, and 6 shall use a common access onto Lot 5, with Lots 4 and 6 having an access easement along the westerly 20 feet of Lot 5 and an "eyebrow" turn located at the center of the west edge of Lot 5. There shall be no access from Weld County Road 33 onto Outlots A, B, or C. There shall be no accesses from Weld County Road 33 to Lots 1, 2, 3, 4, 5, or 6 other than by way of the accesses stated herein. f. The owners of the lots within the Minor Subdivision shall not impede the flow or change the course of the water flowing in the Larson-Molander Seepage Ditch located on the east edge of the Minor Subdivision. g. North Weld County Water District shall provide water service to the Minor Subdivision. h. Sewer service shall be provided by individual septic disposal systems approved by the Weld County Health Department. The applicant shall complete a Weld County Public Works Department access information sheet for each approved access. 2. Prior to the sale of any lots within the Minor Subdivision, the applicants shall fill, compact, and final grade the seep pond located on Lot 6 in accordance with the Storm Drainage Report prepared by Gerald B. McRae and submitted as a part of the Final Plat application. 3. Prior to the sale of any lots within the Minor Subdivision, the applicants shall create a users agreement for the use of the water from the well located on Outlot A wherein all owners of the lots within the Minor Subdivision shall have the right to use said water. Said agreement shall address the following issues: a) access easements granted from each owner of a lot within the Minor Subdivision to the other owners for the purpose of transporting the water pursuant to the terms of the agreement; b) the repair and maintenance of the well, the well house, and the pipes used in irrigation. Each purchaser of a lot within the Minor Subdivision shall sign the users agreement at the time he purchases the lot. 941106 MINOR SUBDIVISION FINAL PLAT - FRANZ PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D., 1994. ild/Mtal? BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CtOUNTY, COLORADO ,/ / ^ 1 I Weld County Clerk to the Board !� . _ i /? W. H. ster, Ch� 1" Deputy erk to the Board Dale K. Hall, Pro-Tern APPROVED AS TO FORM: f / - t (,./George Baxter ounty Attorne Cons ance L. Harbert • Barbara J. Kirkmeyer/ 941106 HEARING CERTIFICATION DOCKET NO. 94-74 RE: SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAT- WILLIAM E. AND MARCIA L. FRANZ A public hearing was conducted on November 7, 1994, at 1:30 p.m., with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated October 5, 1994, and duly published October 13, 1994, in the Windsor Beacon, a public hearing was conducted on October 26, 1994, to consider the request of William E. and Marcia L. Franz for a Site Specific Development Plan and Minor Subdivision Final Plat. At said hearing on October 26, 1994, the Board continued said matter to November 7, 1994, at 1:30 p.m., at which time Bruce Barker, County Attorney, made this a matter of record. He noted the changes to the Conditions of Approval, as discussed at the October 26, 1994, hearing, were included in an updated recommendation from Gloria Dunn, Planning Department representative. He referred to said recommendation and explained the changes to the fifth, sixth, and ninth items under Condition of Approval#1, concerning access to the specific lots, the flow of the water in the Larson-Molander Seepage Ditch, and the completion of the Public Works Department access information sheet for each approved access, respectively. Mr. Barker stated Gerry McRae, engineer representing the applicants, revised the plat and incorporated Plan C, as conditionally approved by the Board. He noted, however, the ditch should be referred to as the Larson-Molander Seepage Ditch only, and the reference to the Eaton Consolidated Seepage Ditch should be deleted from the plat. Mr. Barker also pointed out the north access on Lot 3 and the access to Outlot A were removed from the plat. Jackie Johnson, Attorney representing the applicants, reviewed the restrictive covenants, restrictions for the subdivision, and the West Ault Water Users Association agreement. She stated the association will be nonprofit and all lot owners will be required to become members. After further comments, Ms. Johnson confirmed that all Conditions of Approval are acceptable. Ms. Dunn also confirmed that she had no problems at this time. No public testimony was offered. Commissioner Kirkmeyer moved to approve the request of William E. and Marcia L. Franz for a Site Specific Development Plan and Minor Subdivision Final Plat, including the Conditions of Approval as recommended by staff. The motion was seconded by Commissioner Harbert, and it carried unanimously. 941106 PLO9+7 Gc:: x RE: HEARING CERTIFICATION - FRANZ PAGE 2 This Certification was approved on the 9th day of November, 1994. APPROVED: ATTEST: �G%2� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board //e � zjp,NJ' By: %t,t�°,t k,Y'�,art,L W. H. Webster, Chairman Deputy Clek to the Board Dale Hall, Pro-Te ` TAPE #9443 /t z z—`� j George E. Baxter !�y DOCKET#94-74 Constance L. Harbert PL0947 vS.d.U.a_ Barbara J. Kirkmey r 941106 NOTICE The Board of County Commissioners of Weld County, Colorado, on November 2, 1994, conditionally approved a Site Specific Development Plan and Minor Subdivision Final Plat for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, for a period of three years. APPLICANT: William E. and Marcia L. Franz 39718 Weld County Road 33 Ault, Colorado 80610 LEGAL DESCRIPTION: Part of the NW 1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Minor Subdivision Final Rat SIZE OF PARCEL: 22.16 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: November 17, 1994, in the Windsor Beacon 941106 AFFIDAVIT OF PUBLICATION NOTICE The Board at county STATE OF COLORADO commlesimwrvw Ceeq, SS Colorado. w beeaaw 2. 1994.can*agpwad a COUNTY OF WELD Sle spode O,e,9grada Pee , end Liner e,idliNizo BSI Pet for s w ereea.s n end p l rgee I, ROGER A. LIPNER, of said County of Weld, being duly approval t lele ilea ants a sworn,say that I am publisher of • vague emery dedplt ro en' Atkin of lb 24.C.R.S.,as WINDSOR BEACON amended,for a period of three years. a weekly newspaper having a general circulation in said APPLICANT: William E. and County and State, published in the town of WINDSOR, in Marcia L. Franz, 39718 Weld County Road 33,Au6.Colorado said County and State; and that the notice, of which the 80610 lannexed is a true copy, has been published in said weekly LEGAL DESCRIPTION:Part of for / successive weeks, that the notice was the NW 114 of Section 1a, published in the regular and entire issue of eve number of Township 7 North, Range 66 g every West of the 6th P.M., Weld the paper during the period and time of publication, and in Count'.Colorado the newspaper proper and not in a supplement, and that TYPE AND INTENSITY OF the first publication of said notice was in said paper bearing APPROVED USE: Minor the date of the Subdivision Final Flat / day of 7) !i4,./t^ A.D., 19cit" � & and the more of PARCEL:22.16 acres, last publication bearing the date of the I more or less day of A.D., 19 and that Failure to abide by the terms and conditions of approval v.11 the said WINDSOR BEACON has been published result in a forfeiture of die vest- continuously and uninterruptedly for the period of 5 ed properly right consecutive weeks, in said County and State, prior to the BOARD OF COUNTY COM- date of first publication of said notice, and the same is a MISSIONERS WELD COUNTY.COLORADO newspaper within the meaning of an Act t1 regulate printing BY:DONALD D.WARDEN of legal notices and advertisements, approved May 18, CLERK TO THE BOARD 1931, and all prior acts so far as in force. BY:SHELLY K.MILLER ///� DEPUTY CLERK TO THE // BOARD (//(il'1 lemon entier JIB ISHER 199. Subscribed and sworn to before me this /% day of NOTARY PUBLIC My commission expires )-11:-L17 , L./f;' (.;' • 941106 DATE: November 7, 1994 CASE NUMBER: S-361 NAME: William E. and Marcia L. Franz ADDRESS: 39718 Weld County Road 33, Ault, Colorado 80610 REQUEST: Site Specific Development Plan and a Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14; east of and adjacent to Weld County Road 33. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: The proposed Minor Subdivision Final Plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. The proposed minor subdivision will be located in an Urban Growth Boundary Area. The Ault city limits are approximately 1/2 mile from the subject property; the Ault Planning Commission has indicated that the proposed use does comply with its Comprehensive Plan. Definite provision has been made for a public water supply that is sufficient in terms of quantity,dependability,and quality to provide water for the minor subdivision, including fire protection. North Weld County Water District conditionally agrees to provide service to the proposed development. Provision has been made for Individual Septic Disposal Systems which will comply with state and local laws and regulations in effect. The Weld County Health Department has no conflict with the request. 941106 - Soil or topographical conditions which present hazards or require special precautions have been identified by the applicant; the proposed uses of these areas can be made compatible with such conditions. Off-site highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the minor subdivision. Proposed access is from Weld County Road 33, a paved county arterial. - The minor subdivision is not part of a minor subdivision previously approved by Weld County. Construction, maintenance, snow removal, and other matters pertaining to or affecting the road accesses and right-of-way for the minor subdivision are the sole responsibility of the resident land owners or developer. - The minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide police and fire protection, or other services. The Weld County Sheriffs Department and Ault Fire Protection District have reviewed the proposal and have no conflict. This recommendation is based, in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The following notes shall be placed on the minor subdivision final plat: - Uses permitted within the minor subdivision consist of E(Estate)uses as listed in the Weld County Zoning Ordinance and described in the application materials. - All lots within the minor subdivision shall comply with the requirements of the Ault Fire Protection District. - All development within the minor subdivision shall comply with applicable Flood Hazard Overlay District requirements. - A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. - Access to the lots within the minor subdivision shall be from Weld County Road 33. Lots 1 and 2 shall share a 30'wide common access easement located 15'on Lot 1 and 15' on Lot 2. Access onto Lot 3 shall only be by way of an access located on the south portion of Lot 3. Lots 4, 5, and 6 shall use a common access onto Lot 5, with 941106 Lots 4 and 6 having an access easement along the westerly 20' of Lot 5 and an "eyebrow" turn located at the center of the west edge of Lot 5. There shall be no access from WCR 33 onto out Lots A, B, or C. There shall be no accesses from WCR 33 to Lots 1, 2, 3, 4, 5, or 6 other than by way of the accesses stated herein. The owners of the lots within the minor subdivision shall not impede the flow or change the course of the water flowing in the Larson-Molander Seepage Ditch located on the east edge of the minor subdivision. North Weld County Water District shall provide water service to the minor subdivision. Sewer service shall be provided by individual septic disposal systems approved by the Weld County Health Department. The applicant shall complete a Weld County Public Works Department access information sheet for each approved access. 2. Prior to the sale of any lots within the minor subdivision, the applicants shall fill, compact, and final grade the seep pond located on Lot 6 in accordance with the Storm Drainage Report prepared by Gerald B. McRae and submitted as a part of the Final Plat application. 3. Prior to the sale of any lots within the minor subdivisions,the applicants shall create a users agreement for the use of the water from the well located on out Lot A wherein all owners of the lots within the minor subdivision shall have the right to use said water. Said agreement shall address the following issues: a) access easements granted from each owner of a lot within the minor subdivision to the other owners for the purpose of transporting the water pursuant to the terms of the agreement, b) the repair and maintenance of the well, the well house, and the pipes used in irrigation. Each purchaser of a lot within the minor subdivision shall sign the users agreement at the time he purchases the lot. 941106 ADDITIONAL COMMENTS William E. and Marcia L. Franz S-361 The applicants are requesting a variance from the following sections of the Weld County Subdivision Ordinance, in conjunction with this minor subdivision application: 4.5.16.11. "That no additional access to a County, State, or Federal highway will be created"; 4.5.16.12. "That the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system"; In a letter dated August 10, 1994, the Colorado Oil and Gas Conservation Commission recommended that the applicants seek High Density Area designation for the site. There are no existing oil and gas wells located on the property, but wells could be drilled within fairly close proximity to the proposed subdivision. • 941106 DATE: September 8, 1994 CASE NUMBER: S-361 NAME: William E. and Marcia L. Franz ADDRESS: 39718 Weld County Road 33, Ault, Colorado 80610 REQUEST: Site Specific Development Plan and a Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14; east of and adjacent to Weld County Road 33. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 4. 4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 4.5.9 of the Weld County Subdivision Ordinance as follows: - The proposed Minor Subdivision Final plat is consistent with the Weld County Comprehensive Plan and is compatible with the surrounding area of rural residences and agricultural uses. - The proposed minor subdivision will be located in an Urban Growth Boundary Area. The Ault city limits are approximately 1/2 mile from the subject property; the Ault Planning Commission has indicated that the proposed use does comply with its Comprehensive Plan. Definite provision has been made for a public water supply that is sufficient in terms of quantity, dependability and quality to provide water for the minor subdivision including fire protection. North Weld County Water District conditionally agrees to provide service to the proposed development. - Provision has been made for Individual Septic Disposal Systems which will comply with state and local laws and regulations in effect. The Weld County Health Department has no conflict with the request. • - Soil or topographical conditions which present hazards or require special precautions have been identified by the applicant; the proposed uses of these areas can be made compatible with such conditions. ;Y cCyulO+ K" 941106 RECOMMENDATION, S-361 William E. and Marcia L. Franz Page 2 Off-site highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the minor subdivision. Proposed access is from Weld County Road 33, a paved county arterial. - The minor subdivision is not part of a minor subdivision previously approved by Weld County. - Construction, maintenance, snow removal, and other matters pertaining to or affecting the road accesses and right-of-way for the minor subdivision are the sole responsibility of the resident land owners or developer. - The minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide police and fire protection, or other services. The Weld County Sheriff's Department and Ault Fire Protection District have reviewed the proposal and have no conflict. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The following notes shall be placed on the minor subdivision final plat: - Uses permitted within the minor subdivision consist of E (Estate) uses as listed in the Weld County Zoning Ordinance and described in the application materials. - All lots within the minor subdivision shall comply with the requirements of the Ault Fire Protection District. - All development within the minor subdivision shall comply with Flood Hazard Overlay District requirements. - A soils and foundation investigation report prepared by a qualified soils and foundation engineer shall be submitted with each building permit application. - The applicant/landowner shall provide an access easement to the shared water well on the property. 941106 RECOMMENDATION, S-361 William E. and Marcia L. Franz Page 3 - Access from Weld County Road 33 to Lot 6 shall be no less than 200 feet south of State Highway 14 right-of-way. - North Weld County Water District shall provide water service to the minor subdivision. - Sewer service shall be provided by individual septic disposal systems approved by the Weld County Health Department. Each 44ividual-4et-etgne shall complete a Weld County Public Works Department access information sheet. `< _.k `t\c'` 2. Prior to the sale of any lots within the minor subdivision, the applicants shall fill, compact and final grade the seep pond located on Lot 6, in accordance with the Storm Drainage Report prepared by Gerald B. McRae and submitted as a part of the Final plat application. 941106 ADDITIONAL COMMENTS William E. and Marcia L. Franz S-361 The applicants are requesting a variance from the following sections of the Weld County Subdivision Ordinance, in conjunction with this minor subdivision application: 4.5. 16. 11. "That no additional access to a County, State, or Federal highway will be created"; 4.5. 16. 12. "That the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system"; In a letter dated August 10, 1994, the Colorado Oil and Gas Conservation Commission recommended that the applicants seek High Density Area designation for the site. There are no existing oil and gas wells located on the property, but wells could be drilled within fairly close proximity to the proposed subdivision. 941106 i i I. . . 1 • • • Y A It 3 l Pea � . .;, • i . II . 11.1 4 1. N -'r 4 e'., ,• •J � W` iq}— f � 1'4. 11 {� I ' 4i r t . i E t r ,yr G •'� I t ! 13 I • CJ 'fi Lai . q 1 S .c /1, QA P✓) U t y F ) I)-- R iii { j Qi 1 1 'ifc.f 'PN'auuoA 9UV'9N3d -�' ✓�� - rte d� �\ '� �_. # `i / ILj Cr v �\ f j 11 a ta" x .. ,Ia.� a _ 444 t I . 4 1 • • CI' ! i ill ,. :: ' te. 7 :I LL' --:,..%y r •r,;�f. - wa $. 4 rei 3\ . 4 a • • Y 4 J4 'r� s --- - ' - ,r': .4, 'l tN ''r'J F L t, Q qa�� v .0----,_ 0-- m n� r it 0- Ilk i r Wa mae�+aa Q O N -' v .9 v . • ' .) 4.t •• , '. • Wag1 ' • 4. I 6 3 i eJ r .. Ir. . i lex.. , w,. t s 4 . -xh,C : 'f- z •., SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING_ 1777 CT I I F,1 $epZ$mber20, 1994 CLERK A regular meeting of the Weld County Planning CommissE0 ' Et eldSeytember 20, 1994, in the County Commissioners'First Floor Hearing Room(#101),Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairman, Richard Kimmel, at 1:30 p.m. Tape 465 Roll Call Ron Sommer Present Jack Epple Present Shirley Camenisch Present Mane Koolstra Present Judy Yamaguchi Present Bud Clemons Present Curt Moore Present Richard Kimmel Present Ron Erbes Absent Also present Gloria Dunn,Current Planner, Keith Schuett,Current Planner II; Lee Morrison,Assistant County Attorney; Jeff Stoll, Director, Trevor Jiricek, Supervisor, Weld County Health Department; Sharyn Ruff, Secretary. CASE NUMBER: S-361 (Continued from September 9, 1994, meeting). APPLICANT: William E. and Marcia L. Franz REQUEST: A Site Specific Development Plan and a Minor Subdivision -Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. Jackie Johnson, representative,William and Marcia Franz,explained they reviewed the access plan with the Public Works Department and had reached a compromise. She showed an overhead with the access changes. She explained they cannot find an internal road system that works, however, a stub road for Lots 4, 5,and 6 could be implemented, if necessary. Drew Scheltinga agreed with the proposal and sent a memo to the Department of Planning Services. She stated there are physical limitations on this property and the Planning Commission should weigh the pros and cons for this request. Gloria Dunn, explained the Department of Planning Services would still recommend denial of the application because an internal road system is required under the Subdivision process. CA'. 1 ,t.,L-,c ± 14 941106 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 20, 1994 Page 2 The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons moved to reconsider the denial of the request for a variance. There was no second to the motion. Motion failed. Ron Sommer moved Case Number S-361, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial. Mane Koolstra seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Jack Epple - abstain; Shirley Camenisch - yes; Marie Koolstra - yes; Judy Yamaguchi - abstain; Bud Clemons-no; Curt Moore-yes; Richard Kimmel-yes. Motion for denial carried. CASE NUMBER: USR-1054 APPLICANT: Basin Operating Company (Continued from August 2, 1994, meeting). REQUEST: A Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility in the A(Agricultural)zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 6, T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Southeast of and adjacent to U.S. Highway 85; north of and adjacent to Weld County Road 36. Keith Schuett, explained that the applicant submitted a letter with a request to withdraw the application. Ron Sommer moved Case Number USR-1054, be withdrawn. Judy Yamaguchi seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer-yes; Jack Epple-yes; Shirley Camenisch-yes; Marie Koolstra-yes; Judy Yamaguchi-yes; Bud Clemons-yes; Curt Moore-yes; Richard Kimmel-yes. Motion carried unanimously. CASE NUMBER: USR-1060 APPLICANT: Greeley Cellular Telephone Company REQUEST: A Site Specific Development Plan and a Special Review permit for a major Facility of a Public Utility - Cellular Communications Facility (including a 315 foot high tower) in the A (Agricultural)zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 21, T5N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1 mile southwest of Greeley and 2 miles northwest of Milliken. 941106 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 8, 1994 Page 2 APPLICANT: William E. and Marcia L. Franz REQUEST: A variance from the Weld County Subdivision Ordinance. Gloria Dunn read Department of Planning staff's recommendation into the record. Jackie Johnson, representative for the applicant, explained the request for a variance from the Weld County Subdivision Ordinance is compatible with the Weld County Comprehensive Plan, is in the best interest of the Town of Ault, and would create an undue hardship on the applicant if not granted. The request is for three accesses to serve five lots in the minor subdivision. Mr. Franz explained he bought the property in 1991 and has spent considerable time, expense, and effort to upgrade the property. He has installed two accesses onto his property with brick walls and gates. It would be a hardship to close one of them to decrease the number of accesses onto the County road and an internal road to the properties would run too close to his house. The Commission members held extensive discussion regarding the closure of one of the accesses onto Mr. Franz' property. Ron Sommer moved to forward the request for a variance from the Weld County Subdivision Ordinance to the Board of County Commissioners with the Planning Commission's recommendation for denial. Bud Clemons seconded the motion. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Curt Moore - yes; Shirley Camenisch - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Richard Kimmel - yes. Motion carried unanimously. CASE NUMBER: S-361 APPLICANT: William E. and Marcia L. Franz REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. Ron Sommer moved to continue Case Number S-361, William E. and Marcia L. Franz, until September 21, 1994, to give the applicant time to address concerns of the Planning Commission regarding number of accesses onto a County road. Bud Clemons seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Curt Moore - yes; Shirley Camenisch - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Richard Kimmel - yes. Motion carried unanimously. 941106 X )-,,A, r__) {*-,M F BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-361 NAME: William E. and Marcia L. Franz ('i C,.) . 0 711-171 CJ -', c..') ADDRESS: 39718 Weld County Road 33, Ault, Colorado 80610 - CD 3 REQUEST: Site Specific Development Plan and a Minor Subdivision P.inal Plat ILA LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of thij 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14; east of and adjacent to Weld County Road 33. be recommended unfavorably to the Board of County Commissioners because the applicant has not complied with the Weld County Subdivision Ordinance guidelines for an internal road system in a subdivision. Motion seconded by Marie Koolstra. VOTE: For Passage Abstain Against Passage Ron Sommer Jack Epple Shirley Camenisch Judy Yamaguchi Marie Koolstra Bud Clemons Curt Moore Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 20, 1994. Dated the h of Sep mber, 1994. haryn F. Ruff Secretary 941106 Cy_ bt 6 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for a variance from the Weld County Subdivision Ordinance for more than the allowed accesses onto a County road. APPLICANT: William E. and Marcia L. Franz REQUEST: A variance from the Weld County Subdivision Ordinance. LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. be recommended unfavorably to the Board of County Commissioners. Motion seconded by Bud Clemons. VOTE: l For Passage Against Passages hint r.o ? fl Curt Moore r° ' Shirley Camenisch k Bud Clemons . Marie Koolstra r0 ua Ron Sommer Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 8, 1994. D ed the 8 of Septemb , 1994. Sharyn F. uff Secretary 94111 Cy IubL�- C) INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: William E. and Marcia L. Franz Case Number: S-361 Submitted or Prepared Prior to Hearing At Hearing 1. Application 50 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. July 25, 1994, referral from West Greeley Soil X Conservation District 12. July 27, 1994, referral from Weld County RE-9 X School District 13. August 1, 1994, referral from the Weld County X Health Department 14. August 3, 1994, referral from the Department X of the Army Corps of Engineers 15. August 11, 1994, referral from Weld County X Public Works Department 16. August 10, 1994, referral from the Colorado X Oil and Gas Conservation Commission 17. August 18, 1994, referral from the Colorado X Department of Transportation 18. August 23, 1994, referral from the Ault X Planning Commission 19. August 7, 1994, Field Check from Richard X Kimmel 941.196 INVENTORY OF ITEMS, S-361 William E. and Marcia L. Franz Page 2 20. August 17, 1994, letter from Bill Franz, Jr. X 21. Plat overhead from Jerry McRae X 22. Site map overhead from Jerry McRae X 23. 3 access proposals submitted by Jerry McRae X 24. September 15, 1994, memo from Drew Scheltinga X I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on September 27, 1994. fr( Gloria D n, Current Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS(De I day of O(LX.1/ilaSl X19 C)/4 ‘ OiAiy' y= • •a• • � .•;� (� r. \ C.: NOT RY PUBLIC My �.1mwi ... o ExpiresN4- 3-1 ,) Iqq oti4� on 9.11196 tt - OFFICE OF BOARD OF COUNTY COMMISSIONERS _ PHONE (303) 356-4000, EX T. 4200 �� f,. 9 s,.) r• 2� FAX(303)352-0242 C758 PO BOX 80632 O LLE s,i GREELEY. COLORADO • TO COLORADO September 30, 1994 William E. and Marcia L. Franz 39718 Weld County Road 33 Ault, Colorado 80610 Dear Mr. and Mrs. Franz: Your applications for a Site Specific Development Plan and Minor Subdivision Final Plat and a variance from the Weld County Subdivision Ordinance have been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NW' of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by October 31, 1994. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 101711Oa W. H. Webster, Chairman WHW/skm cc: Jacqueline Johnson, Attorney � lJ I/we, , ry1- do hereby request the Board of County Commissioner1 to consider the a'.ove mentioned application. 941106 IIII ‘ ) . E. � ts '\O "! 1 Q .Ns)` tp, k 60 • Oo 011-1-416 tO:t \ OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE 1303)356-4000, EXT.4200 WI FAX(303)352-0242 P.O. BOX 758 C. GREELEY COLORADO 80632 COLORADO September 30, 1994 William E. and Marcia L. Franz 39718 Weld County Road 33 Ault, Colorado 80610 Dear Mr. and Mrs. Franz: Your applications for a Site Specific Development Plan and Minor Subdivision Final Plat and a variance from the Weld County Subdivision Ordinance have been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NW* of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by October 31, 1994. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO X171 eua W. H. Webster, Chairman WHW/skm cc: Jacqueline Johnson, Attorney I/we, , do hereby request the Board of County Commissioners to consider the above mentioned application. u/1_ /3„t.trf_ 941106 ( X111BlT iNVMAl'Ul GUN,J'RU1. .SlIEEJ rid" N aXi (�NN1 c- m S<a b� c Ina am_d L�e�rem Case 3ID I - a C(Yl l{J l.).P/ am/0 CLn lc yYl Lela, Exhibit Submitted By Exhibit Description ciao A. 1 ,13odild tiAC Pe. d-nth IC)15 B. (.Ci2h CGf f l�n (/l D 7` 7� :/1-rp' y4 C. &et nnuryr Atat (el/WEer1 atrnd Au b ' 162g p. e '„ _''^ �nmy-ipaaDyi A?wnP. rtenc he : Va itinucti 9 X0 E &Atli hantA21.4411Ox-) ki.A.26&ttt d /Le_ ag'ina0 P ect F. ektnitit 4 -u:x) )&LhYl maint OkiAF tLlJ1 +�'J 10/5 G. k- o zat. YLo - o 54.17 lob N. Ph Ma- t/4(6T fru/yd'ucx � l`!)1Y7t1AAA, 4 aD✓Lti v (/,t t ) 1 \ L � _ 1 1 (<1 2C,41 ��l � LciV�. � ' < _ V �d�" v NA,K. Phimumt X31 atb /Cl,e,CYi71/7LllYi fO'tu (faint- i 944 /46 L. (W12-!I) /ht., d Adu.tcyn- L C�ZZ� >ZG( a �av /046 N. ditiz./e. 749 Mt A N. 0. • P. Q. R. S. T. U. V. W. X. Y. Z. 941196 DATE: September 8, 1994 CASE NUMBER: S-361 NAME: William E. and Marcia L. Franz ADDRESS: 39718 Weld County Road 33 REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The final plat application does not meet the standards set forth in the Weld County Subdivision Ordinance for approval of the minor subdivision. The applicants are requesting that no internal road circulation system providing access from the subdivision lots to Weld County Road 33 be incorporated into the design plan. Instead, each of the lots would access Weld County Road 33 directly. The applicant is also proposing to increase the number of accesses on the property from the five existing to six. It is the staff's opinion that this minor subdivision final plat should be denied because it does not comply with the Weld County Subdivision Ordinance as follows: - Section 4.5.16. 11. The applicant shall demonstrate that no additional access to a County, State, or Federal Highway will be created. - Section 4.5.16.12. The applicant shall demonstrate that the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. - Section 4.5.16.19. No minor subdivision shall be considered approved and eligible for recording until the Board has approved a subdivision improvements agreement. 9.11196 September 8, 1994 Weld County Planning Commission 915 10th Street Greeley, CO 80631 Subject: Request for variance from the Weld County Subdivision Ordinance submitted by William E. and Marcia L. Franz. Dear Planning Commission Members: William E. and Marcia L. Franz are requesting approval of a minor subdivision final plat on a 22. 16 acre parcel, more or less, located in part of Section 14, T7N, R66W, which lies south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. The applicants are seeking your approval of a minor subdivision final plat application which does not meet all of the criteria as set forth in Section 4.5. 16 of the Weld County Subdivision Ordinance. Section 14 of the same document affords the applicants the opportunity to request a variance from the stated requirements and allows the Board to consider the request in accordance with the following: Section 14.1 Hardship. The Board may permit a variance as may be reasonable and within the general purpose and intent of the rules, regulations, and standards established by this Ordinance. The subdivider should clearly demonstrate that physical conditions pertaining to the parcel make literal enforcement of one or more of the provisions of this Ordinance impracticable or will exact undue hardship. The applicants are requesting a variance from these sections of the Weld County Subdivision Ordinance. 4.5. 16. 11 The applicant shall demonstrate that no additional access to a County, State, or Federal Highway will be created. 4.5. 16.12 The applicant shall demonstrate that the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. The Department of Planning Services' staff has been working with the Franz's since January, 1994, on the desired subdivision of this 22 acre parcel into six lots. A change of zone from A (Agricultural) to E (Estate) was approved by the Board of County Commissioners in March, 1994. At that time, the development of the parcel into a minor subdivision appeared to meet the criteria of the Estate zone district as well as the intent of the minor subdivision. No concern was ' expressed or anticipated that Weld County Road 33, a paved county arterial, would be inadequate to provide access to a six-lot subdivision. At the minor subdivision sketch plan stage, staff became aware that the applicants desire Weld County Road 33 to provide direct access to each of the six lots in the minor 9411^s; RECOMMENDATION William E. and Marcia Franz Page 2 subdivision. The sketch plan plat revealed a row of 6 lots on the site, each with frontage to the county road system, and no internal circulation system within the minor subdivision. A review of the final plat map indicates a total of six accesses serving six lots and three outlots. The Franz's presently have two accesses serving their residence on Lot 3 and three accesses for agricultural use. It is their wish to retain the existing circle drive on Lot 3, move one access south and add one additional access. This proposal conflicts with Transportation Policies of the Weld County Comprehensive Plan (Page 61) . The Comprehensive Plan defines the function of the collector in the county road system as expediting movement in the local area. It goes on to say, "access points on collectors should be kept to a minimum in order to maximize traffic flow and promote safety. " The intent of the minor subdivision process is for all lots to access an internal street within the development, which promotes the safety and welfare of the citizens of Weld County. The applicants state in the variance request and minor subdivision final plat application materials that this variance should be granted because the requirements for fewer access and an internal circulation system present a hardship for them. Physical constraints of the land, financial burden and the proposed location of the 15-foot irrigation easement are some of the justifications posed in their request for a variance. It is the applicants' contention that the County requirements for a minor subdivision are not reasonable, given the limitations of this parcel. The Weld County Department of Public Works has proposed a workable alternative to the final plat proposed by the applicants. The alternate plan includes two stub streets, each one serving three parcels; closing of the north access on Lot 3 and also building envelope locations for each lot (see attached illustration) . Each proposed stub street is less than 300 feet in length and is 18 feet in width. This alternative reduces the number of accesses to the minor subdivision to two, provides an internal access for each parcel and does not intrude on the placement of the irrigation easement. The alternative would satisfy the requirements of the minor subdivision final plat from which the applicants are seeking a variance. This demonstrates that it is possible to meet the minor subdivision criteria with what appears to be no greater hardship to the Franz' s than other applicants who undertake the development of a subdivision. A subdivision improvements agreement has not been submitted as a part of this minor subdivision final plat request. As the applicants are proposing each individual lot owner to construct his own access, install utilities and manage on-site drainage, the requirement of a subdivision improvements agreement appears to be inappropriate as the development is currently proposed, according to Assistant County Attorney Lee Morrison. 9.1110`: RECOMMENDATION William E. and Marcia Franz Page 3 The Department of Planning Services' staff recommends denial of this request for variance from Sections 4.5. 11 and 4.5. 12 of the Weld County Subdivision Ordinance. The minor subdivision process was established as a means to allow small rural-type homesites which, when planned efficiently, can be an asset to Weld County. Row-type development, similar to that which is created by the approval of numerous recorded exemptions at one location, remains in conflict with the intent of the County Comprehensive Plan and Subdivision Ordinance. The proposal by the Public Works Department demonstrates that literal enforcement of the access and internal road requirements are not impracticable nor will it exact undue hardship. It is the opinion of the staff that the access and street issue raised by this final plat request is critically integral to the success of the minor subdivision concept, as adopted by Weld County. Respectfully submitted, :14\-1-A Dunn Current Planner 941115 ADDITIONAL COMMENTS William E. and Marcia L. Franz Because a subdivision improvements agreement has not been submitted as a part of the minor subdivision final plat request, the Planning Commission should also consider the following section of the Weld County Subdivision Ordinance in its deliberation of the granting of this variance. Section 4.5. 16.19 No minor subdivision shall be considered approved and eligible for recording until the Board has approved a subdivision improvements agreement. 941106 23� (3 csj sae 1 e 4 ' : a .n.9 4ca7' /I /. I , 4t_ve/9a a3� Sci'ii'/2-4 84.82' 1. I 1 • +' fuhury �y a 11 Jr�j{a,A a r^s22./5 i2'G /54.59' b • An a 8 .C.5,5-54 34 f Im.71' w F -I- ;I, a m h "Qr mq1a �. - i SO J4'x'W,sJ,/ 2 N.9010.5.1'W—519/0—t -"0 24 CO 45 01 /N.47 • o ,. 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Section 4.5.9.12 of the Subdivision Ordinance requires all access to lots within a minor subdivision be to an internal road system. The physical characteristics of this site will not allow compliance to that section. The site is not deep enough to allow an internal access road and still have the minimum 2.5 acre lots in any reasonable configuration. Also, the 100-year flood way across lots 4,5 and 6 further restrict the depth of the site. Existing improvements on lot 3 further restrict any internal road system. There was discussion about the potential for an access road adjacent to the WCR 33 right-of-way and parallel. I do not feel this is a good option because of traffic safety concerns. There would not be sufficient room for vehicles to turn 90° before accessing WCR 33. There would not be enough room for two vehicles to safely negotiate the turns from WCR 33 to the access road at the same time. Also, I do not feel it would be a safe situation to have vehicles traveling on the access road opposing northbound vehicles on WCR 33 on the wrong side with very little separation. It is my opinion, the most reasonable thing to do is restrict the site to four accesses as follows; one common access between lots 1 and 2, one access to the existing improvements on lot 3, one common access to lots 4 and 5, and one access to lot 6. Although this does not meet the access requirements of the minor subdivision regulation, it is the best configuration considering traffic safety and physical restrictions of the site. cc: Barbara Kirkmeyer William and Marcia Franz Jacqueline Johnson Jerry McRae Subdivision file S-357 :sub EXHI$ T 9GTTVG ,-46,44,„eN.,,4�, ,,/• tp44q k � Q 012,a,,,y .w(4,e.•e ez) 8k.538 At./1'3952/ 0 1 IINGIO4areame,ILL (3•2j-b_i Sal'/317'6 344.20. 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Lic: , . .. ci, . • ,o. , . • . . ,. , •. . , . . , i . . , • , 941196 LAND-USE APPLICATION SUMMARY SHEET Date: September 1, 1994 CASE NUMBER: S-361 NAME: William and Marcia Franz ADDRESS: 39718 Weld County Road 33, Ault, Colorado 80610 REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14; east of and adjacent to Weld County Road 33. SIZE OF PARCEL: 22.16 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Change of Zone is listed in Section 21.6.2 of the Weld County Zoning Ordinance. The request for a Change of Zone from A (Agricultural) to E (Estate) was approved by the Board of County Commissioners in March, 1994. The Minor Subdivision Sketch Plan reviewed by staff in June, 1994, presented the issue of the applicants' intent to create no internal road circulation system from which each proposed lot would access. Instead, the applicant requests direct access from the public road (Weld County Road 33) to each individual lot. One additional access is also being requested by the applicant to serve the minor subdivision; five accesses presently exist from the county road. Section 14 of the County Subdivision Ordinance states the criteria to be considered in the request for variance from requirements of the Minor Subdivision. The applicant is requesting a variance from Sections 4.5. 16. 11 and 4.5.16.12 of the Subdivision Ordinance. In addition, because it is not the applicants' intent to construct a street or any accesses nor provide utilities to each lot, no subdivision improvements agreement has been included as a part of the Final Plat application. The proposed variance is to be considered by the Planning Commission and Board of County Commissioners in conjunction with this Final Plat application. * A revised subdivision final plat map is attached to this land use packet. The Department of Planning Services' staff has received responses from the following agencies: 1. Colorado Department of Transportation 2. Weld County Department of Public Works 3. Colorado Oil and Gas Conservation Commission 4. Department of the Army Corps of Engineers 5. Weld County Health Department 6. Weld County RE-9 School District 7. West Greeley Soil Conservation District 8. Ault Planning Commissioners The Department of Planning Services' staff has received one inquiry mineral owner and no communications from surrounding property owners. 4 EXHIBIT .. ; . } 46”4 4 NAVWSc r/ /iy5i"• n / SF � �Q or /44,iM(..� .raz) _ -3 5s$ 3) ny /✓a9»/ < L// (3.556,.0 038.'.J' ]'E d , 9o/o7 S� 19023 }1 N, M> 33,53.4 ( 9fn.d� J d _ .3 J C 34.85 - 3 d q a I a ,y is,SC3c 33 2 In I-II 4I- -- T I a ..1- J�9a'5s 13-IAI /J 99 r pJ i* --s'3-W-c1.-a/.Sb29 � � 2 _ • wars S 34•X45'az./az47' qN2O'09�P5"w 3/9m .. yt4 S23'33f3-GJ.191.39 � •VI P 't0) s : co, i ' iiin;F2 -no-.: � a 5 a=09- .SiSN'So'3(N.1531/Qua,:": .. daT - ... t Z3 N N 8 8l ' L.J' �. Iasfw-/U. 3V e I' la �• [ II '- u 40, 5223 04 N<3'0000'& . 313.3z I, - i 3/x'35.4-/'3 58 02 ppp} . 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I m 4, 1 iF it• \ • d- '•:::'[.,::;:- t F #` t3" w t 4 y k°"+W^* .r A � • i4 ; •• at r tn: '{■, `t '≤ 4•. t a .._. �5, .ty + --. a Y &, k v��C s }}�„ ea �: . ; ₹ten },t4;”: y4yjXD�� 4.4!44.#04titt • " )t+x '';• �e .a ` n". a :04•4:. t{4 f .! f i s y �S9 a ,' / Rxt'x'„ v NYC x •? s r e 4 . SAS • ill., e es et' R x'tt' Ni /-t//y�/��J� i xF' .. P b . 1 liliC • t' t'}.N Ft• tv1'� , t ev[ Y "tt? .''CCU yt,k S •11.1194-14,-,,,,t...f t •t�'t L.'.. �P x j • ;xy#t .? .:j•Xt _ BAR .. CI it 1f xt4 u J f t, - 'xk 4 ! jgX' • g Y rju.Y 7f P' a f �'{? i.t. ' j555 AUG 1 6 1994 -------�� FIELD CHECK ""4 e^^mt+►Planning FILING NUMBER: S-361 DATE OF INSPECTION: APPLICANT'S NAME: William E. and Marcia L. Franz CURRENT PLANNER: Gloria Dunn REQUEST: Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Roads J33. ,/( i� y()J� LAND USE: N tiG J` ' / ,V ��f�/�W ✓/ Ly S LR v` l�� E r �"t ,1;77-rod Iaa/ C//l Mite I es A3 ZONING: N A (Agricultural) E A (Agricultural) and the Town of Ault S A (Agricultural) W A (Agricultural) / �{ L �J COMMENTS: �j Ai-re IS /� e-eO Ac] T AeAl t' O /qA e /0:'/4L�l/s✓, tt1rte. 7S `n reC'f� AF t y- )1n 7Se Y%1Y11 E J ydA1 % }s `�5 �c� fry m /s �fv I1 �' ,` � y -We did h,ve h )'e dr,cs-se— nel EXHIBIT A Li.. FIELD CHECK FILING NUMBER: Z-486 DATE OF INSPECTION: January 24, 1994 APPLICANT' S NAME: William E. Franz, Jr. REQUEST: Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile southwest of Ault, south of State Highway 14 and east of Weld County Road 33 . LAND USE: N State Highway 14, agricultural production E Cattle operation, residence, pasture S Residence, farmground W Weld County Road 33, feedlot, residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 33, a paved County local road. The surrounding area contains a mixture of land uses: small residential parcels to the south and agricultural uses on all other sides. The 22 acres is a low area that does not appear to have any particular agricultural use at this time. 9 or more residences are within 1/4 mile of the site. Glori• Du Curre t anner d ` EXHIBIT DEPARTMENT OF PLANNING SERVICES PHONE(303)3533845, EXT. 3540 wagWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Thursday September 8, 1994, at 1:30 p.m. for the purpose of considering a Minor Subdivision Final Plat for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: William E. and Marcia L. Franz LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Minor Subdivision Final Plat. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. SIZE: 22.16 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 September 8, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by Jay 28, 1994. Received by: Xi) • ' [,----- Date: -7 /2 VA/ • IEX HMI T DEPARTMENT OF PLANNING SERVICES UE wipe PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORA O8 80631 COLORADO COLORADO July 21, 1994 CASE NUMBER: S-361 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. and Marcia L. Franz for a Minor Subdivision Final Plat. The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. 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 August 10, 1994 so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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: a EXHIBIT IC ( REFERRAL LIST NAME: William E. and Marcia L. Franz CASE NUMBER: S-361 REFERRALS SENT: July 22, 1994 REFERRALS TO BE RECEIVED BY: August 10, 1994 COUNTY TOWNS and CITIES X Attorney X Ault X Health Department _Brighton Extension Service _Broomfield Emergency Management Office _Dacono _Sheriff's Office Eaton X Public Works _Erie _Housing Authority _Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources _Gilcrest _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 X Division of Wildlife La Salle FIRE DISTRICTS _Lochbuie X Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 _Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 _Nunn Galeton F-6 Pierce Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 Thornton _Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 _Boulder Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins _Tri-Area Planning Commission X Greeley X RE-9 Ault School District Longmont West Adams COMMISSION/BOARD MEMBER X Richard Kimmel 941106 #06( sir, fnEfrlORAfDUfn Gloria Dunn, Current Planner To Date AUGUST 11,1994 Donald Carroll, Public Works Department jj COLORADO From S-357 William and Marcia Franz Subject: The applicant needs to amend the site plan to accommodate Sections 4.5.9.11 and 12 of the Weld County Subdivision Regulations for a minor subdivision. Section 4.5.9. 11 states: That no additional access to a County, State or Federal highway will be created. Section 4.5.9. 12 states: The Subdivision Ordinance requires that the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. giPPlg_ AUG 1 2 1994 *r,,.+r,....,tv pla ',1 E X H 16 I T STATE OF COLORADO OIL&GAS CONSERVATION COMMISSION Department o Natural Resources 1.1Fri 1 580 l ogan Street, Suite 380 Denver,Colorado 80203 Phone:(103,894-2100 FAX 13031894-2109 DEPARTMENT OF August 10,1994 NATURAL RESOURCES Roy Romer Governor Ken Salazar Exewlive Director Gloria Dunne Richard 1.Crlebling Director Weld Planning Services Brian I.Macke 1400 North 17t° Avenue Deputy Director Greeley CO 80631 Patricia C.Beav„fy Dear Ms. Dunne: Case number S-361 has been reviewed by this office. There are no existing oil and gas wells on the subject property. Under current spacing rules no wells would be permitted on the property, although it is possible that wells may be drilled within fairly close proximity. It may be advisable to seek High Density Area designation for the property from the Oil and Gas Conservation Commission. Any drilling in the area would of course be subject to applicable rules and would be monitored closely by our office. If you have any questions about the contents of this letter, please contact me at the above address or phone number. Sincerely yours, Robert J. an Sickle Petroleum Engineer p1T 7/766 DEPARTMENT OF THE ARMY agR N. P°"R.1, ?'z\\\\\\ I min CORPS OF ENGINEERS.OMAHA DISTRICT o `` U TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 5 y� LITTLETON,COLORADO 80123-6901 NE: f August 3, 1994 A sties ui � REPLY TO nU144.MORP‘` ATTENTION OF Ms. Gloria Dunn Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Reference is made to your case number S-361 (William & Marcia Franz). This project is located in Section 14, Township 7 North, Range 66 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the proposed activity, assigned number 199480636, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Tim . C y Proj ana 11 '1 AUG o5 1994 44 EXHIBIT STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ,/A.. OT Region 4 v 1420 2nd Street mmmw P.O.Box 850 Weld County, SH 14 Greeley,Colorado 80632-0850 Franz Minor Subdivision Plat (303)353-1232 S .E. Corner SH 14/WCR 33 1 Mile. W. of Ault (Off-System Access Point) August 18, 1994 Gloria Dunn - Current Planner jr trTfi Weld County Planning Services Weld County Administrative Offices ' l 1400 N. 17th Avenue AUG 1 9 W94 I Greeley, CO 80631 ""-`n r3iaanirio Dear Gloria, I have reviewed the Franz Minor Subdivision Final Plat and find that it closely conforms to the previous submittals for which I have provided letters of comment. This submittal indicates the right-of- way reservation of 35 feet south of the existing right-of-way which would provide the desired 75 feet south of SH 14 centerline as requested in my original letter of January 28, 1994 . The request for access directly to the county road does not effect the state highway function and is not of concern to the Department . I have no further comment regarding this development. My comments are based upon the submittal as received July 25, 1994 . I apologize for not meeting your August 10th deadline and hope that the timing of my comments has not posed a problem for the County planning process . Thank you for the opportunity to review the William E. and Marcia L. Franz Minor Subdivision. Please contact me at 350-2163 if you have any questions. Sincerely, WIC Te a G. Jones Region Develo t/Access Coordinator TGJ:gi xc : D. Yost G. Sisson file • IXHII$IT .. P! WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, COLORADO 80634 (303) 356-6506 July 25, 1994 Gloria Dunn, Current Planner Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Gloria: Please refer to our previous review for our comments on the Franz subdivision request. Our review remains unchanged. The development of secondary land preserves an equal amount of prime agricultural ground. Sincerely, Michael G. Shay District Manager 0 _YEW \-i H JUL 2 8 1 ,1e Finn (110 G(rn�� , O;" i Wolff Cortaly P18 ® i ' Y DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 Y WELD COUNTY ADMINISTRATIVE OFFICES /,; _ 1400 N. 17TH AVENUE r „ GREELEY, COLORADO 80631 COLORADO July 21, 1994 CASE NUMBER: S-361 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. and Marcia L. Franz for a Minor Subdivision Final Plat. The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. 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 August 10, 1994 so that we may give full consideration to your recommendation. Please ' call Gloria Dunn, 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. 1, -- 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: Q JL�p j Agency: (ListP Aek L Date: 23 d — /g9 li , AUG 2 ' 19 I 1 II R 't DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3945, EXT. 3540 . t —Mr-gm."'" -•4L nit esti ELD COUNTY ADMINISTRATIVE OFFICES/� 1400 N. 17TH AVENUE e ` *yi I GREELEY, COLORADO 80631 jut e61994 11 COLORADO r,a___. .,.,. .4_. ...,4. ..�PT. July 21, 1994 CASE NUMBER: S-361 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. and Marcia L. Franz for a Minor Subdivision Final Plat. The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. 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 August 10, 1994 so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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. P1 e refer to the enclosed 1 to Signed: Agency: .Date: /i/ty IIAUG 11994 • Weld County Planning S E X H I s I T ctirD \(. DEPARTMENT OF PLANNING SERVICES PHONE (303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI I gO 1400 N. 17TH AVENUE GREELEY, COLORADO80631 • COLORADO July 21, 1994 CASE NUMBER: S-361 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. and Marcia L. Franz for a Minor Subdivision Final Plat. The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. 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 August 10, 1994 so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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. P ase refer to the enclosed letter. Signed:��+/1��-J- Y �/P.ta" L Agency: ff/ll56irp ' 7 SCz-Je .2 Date: (7-- r� y c`#7— r t400 AU6 0 a.... Isar �rr� August 17, 1994 Hello Neighbors, There was no letter in July, because I felt news was lacking. We applied for the final plat process on July 15 . On August 15, we had a referral review meeting with the town of Ault. After discussing access, utilities and covenants, they voted with favor. On August 25th, there is a Utilities Advisory meeting in which we will discuss the placement of utilities on the property. This meeting should be reassuring because utility companies have been contacted in the past. The most important meeting will be on September 8 at 1 :30 P.M. This will be with. the Weld County Planning Commission. In the meeting, we will be discussing our request for one new access and moving one access in the north field to the south. If you could support my effort at this meeting, I would appreciate it. This is the last meeting with the Planning Commission. We are in final preparation stage. Sincerel , 1 � �� T I • II AUG 1 8 1994 ^f,Planning 0 EXHIBIT alo • DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140WI C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: July 22, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-361 There will be a Public Hearing before the Weld County Planning Commission on Thursday, September 8, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: William E. and Marcia L. Franz FOR: Minor Subdivision Final Plat LEGAL DESCRIPTION: Part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to Weld County Road 33. 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 Gloria Dunn, 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. EXHIEIT 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-361 for Minor Subdivision Final Plat in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 22 day of July, 1994. Q>field c 941106 ITEM #35 MINOR SUBDIVISION FINAL PLAT AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to before me this 13th day of July , 1994. WITNESS my hand and official seal. My Commission Expires: September 4, 1995 ary ubt • 941106 NAME. ,F PROPERTY OWNERS WITHIN 500 F, Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Robert N. , Jr. & Carmen 0. Rangel 070714000007 P. 0. Box 126, Ault, CO 80610-0126 Robert Neil & Carmen 0. Rangel 070714000048 P. 0. Box 126, Ault, CO 80610-0126 Paul B. Wilson and Julianne M. Wilson 070714000050 39574 Weld County Road 33„ Ault, CO 80610 James Herlad and Marian Anita Killen 070714000044 1006 N. 3rd Street, Miles City, MT 59301 (39600 WCR 33, Ault, CO 80610) David 0. and Priscilla A. Faulkner 070714000043 39620 Weld County Road 33, Ault, CO 80610 Paul B. Wilson and Julianne M. Wilson __ 07071400 0049 39574 Weld County Road 33. Ault, CO 80610 City of Thornton f7071100nnOfi 9500 Civic Center Drive, Thornton, CO 80229 City of Thornton 070714100007 9500 Civic Center Drive, Thornton, CO 80229 City of Thornton 070715D0QO57 9500 Civic Center Drive, Thornton, CO 80229 941106 NAMES OF _INERAL OWNERS AND LESSEES OF M1.._ .tALS Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE Peter Schmidt and Amalia Schmidt (Deceased) Route 1, Box 7, Ault, CO 80610 Lillian Nagger, Personal Representative 635 Cheyenne Avenue, Eaton, CO 80615 William E. Franz, Jr. and Marcia L. Franz 39718 Weld County Road 33, Ault, CO 80610 941105 ITEM 136 MINOR SUBDIVISION FINAL PLAT AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. NjtkAjV STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to before me this 13th day of July , 1994. WITNESS my hand and official seal. My Commission Expires: September 4, 1995 N ar Pu & 941106 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI 1 111 Ci 1400 N. 17TH AVENUE 631 GREELEY,Y, COLORADO 8063� COLORADO July 22, 1994 William E. and Marcia L. Franz 39718 Weld County Road 33 Ault, CO 80610 Subject: 5-361 - Request for approval of Minor Subdivision Final Plat on a parcel of land described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Franz: 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 Thursday, September 8, 1994, 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, August 25, 1994, 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 the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Ault for its review and comments. Please call Patricia J. Lesh at 834-2844 for further details regarding the Town of Ault's review process. 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. 4 EXHIBIT 1 .' William E. and Mar-ia L. Franz S-361 Page 2 Sometime prior to July 27, 1994, a representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted 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. If you have any questions concerning this matter, please call or visit our office. Sincerely, � I Gloria Dunn Current Planner pc: Jacqueline Johnson 822 7th Street Greeley, Co 80631 941106 343574 WCR 33 Ada Co. June 6, 1994 Weld Courty dept of Plaiting sa"ices 140IN 17 Ave Gredy Co. 00631 Alin:Glens Dum Subject West Ault Subdivisicn We have rSewed t*.&Ives. frame's Raomnary plat and daft of the protective coveiarts and bdh Jule and Pad Wlisen find them accepted a and urge the approve be granted. We traerstana that the courty rewuemerr f cr reaming access roads to court),roads couid be an Sue scree the Ropied plat is long and narrow and run parallel to the coirayroad We rave walked the proposed plat and found fotr misting access driveways to WCR 33.Two are m proposed lot 6 and two are on lot 3.It appears that curtly ordnance wo'1d require a frortageroadfrom lob 5&4 and andha trmtage road hem Id 3 to I ds 1&2.We do nd thnk access roads descnbed are desirable for the f ouowing reasons: 1. Increased noise&due from the gavel frvltageread 2. Reduced access for emergencyserices such es fire,pdice protection 3. Not aesthetically pleasing. If one d the dives on lot 6 wee relocated to the lot 5&41ot line and one add cnal access drive be granted on the I&2Id line the ohjectimsvodd be eliminated and would make the subdivisienacceptable, desirable and d Uglier qualify. The traffic on WCR 33 is so low and has a sl ow speed limit,we believe that a variance for the access,as dscussed,would not corobtuteatraffic hazard.We urge that this minor variance be panted. ( : • 1 V� cysv ^ Paul B.&Jufiannet4Mson JUN 0 7 1994 - , ''r"fa manly Planning 941106 SUBDIVISION FINAL PLAT APPLIL :ION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: 353-6100, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE 07, 90o ZONING DISTRICT RECEIPT NO. DATE /- 1- 'q-( APPL. CHECKED BY 41) TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) . I (we) , the undersigned hereby request the Department of Planning Services to review a minor subdivision final plat on the following described unincorporated area of Weld County. LEGAL DESCRIPTION: (If additional space is required, attach an additional sheet) . NAME OF PROPOSED MINOR SUBDIVISION West Ault Subdivision EXISTING ZONING (E) Estate TOTAL AREA (ACRES) 22.16 NO. OF PROPOSED LOTS 6 LOT SIZE: AVERAGE 3.44 MINIMUM 2.5 acres UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME Private — Individual system GAS: NAME Propane ELECTRIC: NAME Public Service Company PHONE: NAME U.S. West DISTRICTS: SCHOOL: NAME Ault School District FIRE: NAME Ault Fire District NAME OF APPLICANT William E. Franz, Jr. PHONE 834-1657 ADDRESS 39718 Weld County Road 33, Ault, CO 80610 NAME OF APPLICANT Marcia L. Franz PHONE 834-1657 ADDRESS 39718 Weld County Road 33, Ault, CO 80610 NAME OF APPLICANT PHONE ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ss. STATE OF COLORADO ) E. Signature: Owner or Auto-izeld Agent Subscribed and sworn to before me this 6th day of July , 19 94 . (SEAL) 646 N,at P �c a My Commission Expires September 4, 1995 r EXHIBIT REVISED: Marc 194....elith 06 0 KAROWSKY, WITWER, MILLER & OLDENBURG • ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. F 0.BOX,w7 JACQUELINE JOHNSON WALKER MILLER CURTIS R.SEARS R.SAM OLDENBURG GREELEY. CO 8063 2-1 407 CHARLES A. KAROWSKY JOHN J.BARRY (303)352-3161 OF COUNSEL MARILYN J. DAVID FACSIMILE(303)352-3165 May 23, 1994 via Facsimile (351-097$) Chuck Cunliffe Director of Department of Planning Services, Weld County 1400 North 17th Avenue Greeley, CO 80631 Re: West Ault Subdivision William E. Franz, Jr. Dear Mr. Cunliffe: We represent William E. Franz, Jr. , who has applied to Weld County for a minor subdivision. Pursuant to county zoning requirements, Mr. Franz made application for change of zone on his property from agricultural to estate zoning in December, 1993 . The Board of County Commissioners approved that change upon recommendation of the planning staff and the Planning Commission on March 30, 1994 . In April, Mr. Franz submitted a minor subdivision sketch plan application after expending substantial time and money to complete engineering studies and soils engineering, development of covenants, and application to the Colorado Oil and Gas Conservation Commission for high density designation. Subsequently, he was informed that the proposed minor subdivision must include an internal road system pursuant to the Weld County Subdivision Ordinance Section 4 .5 .9.12 . Mr. Franz has consulted with his engineer, Gerald B. McRae, and they have concluded that literal enforcement of this requirement would be impracticable and would exact undue hardship upon Mr. Franz for the following reasons : 1 . The tract of land is shallow, and the depth of the proposed building sites is limited by the slope of the lots and by the existence of the flood plain on the east. 2 . Although an internal road system may be economically feasible when lots on either side of an internal road are served, it is impracticable when all the lots front the road. An internal road serving the proposed six lots of this minor subdivision would be 1, 230 feet in length making it cost prohibitive to construct . 941106 KAROWSKY, WITWER, MILLER & OLDENBURG Chuch Cunliffe May 23 , 1994 Page 2 3 . Furthermore, because of the location of existing improvements and landscaping, it is not feasible to extend an internal road across Lot 3 . Accordingly, two separate internal roads, each with access to Weld County Road 33 , would be required. This is only one less access than proposed by Mr. Franz in his application. 4 . Building sites on the development lots would be negatively affected by the internal road. Because of the elevations on the property, the improvements should be constructed near the west boundary so as not to be below the level of the county road. Additionally, leach fields also need to be located on the westerly part of each lot due to the elevation and water table on the east. 5 . Irrigation of the lots is proposed to be from an existing well at the south end of the tract. As currently planned, a 15' easement will be needed to accommodate surface irrigation pipe, thereby causing an internal road to intrude even further onto the western edge of the property. 6 . A long internal road running parallel to Weld County Road 33 would delay access in the event of fire or other emergency because the emergency vehicles would be required to travel south and then return north to reach each property. Currently, there are four accesses from Mr. Franz' s property onto Weld County Road 33 - two at the north end just south of State Highway 14, and two at the site of the existing improvements near the middle of the tract. Mr. Franz has proposed to move the northernmost access to the south to provide ingress and egress to Lots 1 and 2 . Access to Lot 3 would remain unchanged. One new access is requested to serve Lots 4 and 5, and the remaining access to Lot 6 could either remain where it is or be moved to the south boundary of Lot 6 . This configuration would improve the existing accesses by moving accesses further from State Highway 14 . Mr. Franz has proceeded reasonably and in good faith with the county in his efforts to find a productive use for his property. He has met and consulted regularly with the planning staff. At no time during the change of zone process was the requirement for an internal road system brought to his attention. Even when he submitted his-preliminary sketch plan, he was simply asked to revise the plat to show access sites, a request with which he complied immediately. Only then did the staff raise the issue of internal roads . The minor subdivision is not feasible either financially or aesthetically under the requirements for an internal road system. Therefore, Mr. Franz requests a variance pursuant to Weld County Zoning Ordinance 14 .1 . It is his hope that this matter can be resolved before he is required to make even further expenditures . 941106 KAROWSKY, WITWER, MILLER & OLDENBURG Chuch Cunliffe May 23 , 1994 Page 3 It seems clear that the physical conditions pertaining to this parcel make the literal enforcement of the Subdivision Ordinance provisions regarding access both impracticable and unduly costly. I would be pleased to meet with you at your earliest convenience to discuss this matter and to determine how Mr. Franz should proceed to obtain a variance . Thank you for your consideration and cooperation. Very truly yours, KAROWSKY, WITWER, MILLER & OLDENBURG Jacqueline Johnson nn cc: William E. Franz, Jr. Gerald B. McRae 941106 ITEM #7 Due to many facts and conformities of this parcel of property, I humbly request a variance as provided by Section 14 . 1 of Weld County Subdivision Ordinance . I wish a deviation of Sections 4 .5 . 9 . 11 and 4 . 5 . 9 .12 . Section 4 . 5 . 9 . 11 says that "no additional access to a county, state or federal highway will be created. " Section 4 . 5 . 9 . 12 states that "the ingress and egress to all lots within the minor subdivision will be to an internal road circulation system. " Due to many facts of this parcel, I feel that an internal road system would be a terrific burden and would result in poor design with aesthetics of disappointing quality. Furthermore, due to the length of the property along Weld County Road 33 (2, 069 . 18' ) and the shallow depth of property, governed by the 100-year floodway line, the depth in Lot 6 would only be 150' in which to build a home without flood hazard engineering. The subdivision map doesn' t show the problems as readily as an on-site inspection. Due to grades, slope to the east dictates that homes to be built must be close to Weld County Road 33 . Along with slopes dictating this prospective, room for septic tanks and leach fields of adequate size also dictate that homes must be built close to Weld County Road 33 . The costs rise so dramatically as you move east away from Weld County Road 33 that cost alone will dictate the necessity to build within reasonable distance from the county road. Also, according to Empire Labs testing and report dated April 22, 1994, the need stay in area closer to the road is recommended. The recommendation of these lab tests must be followed when acquiring a building permit . Due to the fact that our home was built in 1915 at only 20' from Weld County Road 33 makes a frontage road close to impossible, at least impractical and very expensive . Due to these existing buildings, with no practical passage, we are really dealing with two lots south and three lots north of existing homestead. I request one new access at the property line junction of Lots 1 and 2 . I also request that out of two existing accesses now serving Lot 6, one of these be moved south to the property junction of Lots 4 and 5 . With these accesses at these specific places and taking into consideration the need for short driveways, the access to all lots will be at the highest and best use and the beauty of the property will be preserved. Please see attached letter requesting a variance from Jacqueline Johnson. 941105 ITEM #7A I wish to point out the problems described in Item #7 plus the additional problems incurred when thinking of a frontage road with the help of photos on the attached Item #7B. I have a 15' easement for irrigation purposes adjacent to Weld County Road 33 which is approximately 2200' long. It is 15' to my property line from the edge of the road and the easement starts there and extends another 15' east (photo #2) . The irrigation pipe is laid in the easement and then every 50' . There is a pipe that needs to run east . A road in this area would be a real problem and disrupt irrigation facilities . This means the road would have to be sleeved every 50' from the south border of property to the north border. Due to the 100-year flood datum line and wet ground, a road cannot be built on the east part of the property. Photo #1 is taken at the east portion of the property and illustrates low land in the flood prone area. Photo #3 illustrates the irrigation easement and the slope of the land going east to the 100-year flood prone area . 941106 ''11n � . c_CLLA\-- _ -Le). C 1 �m keyrl_e-A f1/2q% q�*e k-10 4 lrAV Vi ca/ 6-' fp-A cS 941106 a ? r McRAE & SHORT, INC. 1231 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development July 11 , 1994 PROJECT NO. 93410 Gloria Dunn Department of Planning Services Weld County 1400 North 17th Avenue Greeley, CO 80631 RE: WEST AULT SUBDIVISION - WILLIAM FRANZ, JR. Gentlemen: In response to your request for alternate plans for lotting and access to serve this Minor Subdivision, we submit the following information. After an on site review of the project, we concur with all items listed in the letter of May 23, 1994 to Mr. Cunliffe from Jacqueline Johnson of Karowsky, Witwer, Miller and Oldenberg. The existing improvements on Lot 3 (lying in the middle of the frontage to Weld County Road 33) interrupt and preclude a singular access and frontage road para- lleling Weld County Road 33 to serve all of the lots. Locating a "detached" North-South Service Road some distance East of Weld County Road 33 would not be practical as it would bisect the proposed lots, lie on unstable ground, with a portion possibly lying in the flood plain and create lengthy cul-de-sacs, and interrupt the natural West to East drainage. Recon- figuring lots to lie on both sides of said internal service road would not work as the Easterly tier of lots would have a high ground water table and lie in the flood plain and the Westerly tier of lots would have double frontages. The proposed layout addresses the physical limitations of the site. We have attempted to minimize the problem of access by limiting the number of accesses and designating specific locations. 941106 Gloria Dunn Department of Planning Services July 11 , 1994 Weld County PROJECT NO. 93410 RE: WEST AULT SUBDIVISION - WILLIAM FRANZ, JR. The proposed lots have adequate width to allow vehicles to manuever and access Weld County Road 33 in a frontal position. Visibility is adequate in both directions to provide for safe entry onto Weld County Road 33. We understand a request for a Variance to a singular access point to serve this Minor Sudvision is being made concurrently with this application. Thank you for your consideration of the proposed subdivision. Respectfully, McRae & Short, Inc. r r� amennni 66 .6 12,R;t } Gerald B. McRae, P.E. & L.S. $ .4' Colorado Reg. No. 6616 ' ' te. Vii . GBM:bkm copy to: William Franz, Jr. Jacqueline Johnson 2 941106 ITEM #2 The subject property is approximately three-quarters of a mile west of Ault. It is bordered on the north by SH #14 . On the south it is bordered by several residential tracts . On the east it is bordered by productive farm land and the Larson Molander Seep Ditch. The west side of such property is bordered by a paved road that is called Weld County Road 33 . The subject property is not productive farm land and has not been farmed in over 20 years . The property is within the three-mile urban growth boundary of the Town of Ault. Also, the subject property is designated for housing by the Ault Planning Commission' s growth map. The property is not in any hazard or overlay districts of productivity and is easily accommodated by existing services now available in the Town of Ault . All of the above points of interest make the subject property compliant with the Weld County Comprehensive Plan now in effect . 941106 Q Ce r.'..-, li s* II l III'llll v-� F:r W4 Ce . 1 I igil ' • H D cu E Rl Ctb OC J j g c .L ro E. 2 g co DD a Q II 1).0 y ° Esoo � g. , 'V �� E L Eu .Saa % Li ( 0 El—. \1 �% C kr N 5 qs A'SY: `' .A ate' till 81 P - n$5' %,‘,7,A.,� �� h " III III�� - .'ilIIl I dl IIlI2 ' " � ir F t i1 i; .t:tr T v j* ' • / va7," y II.U.N i �o 9 06 ITEM #3 The subject property lies approximately three-quarters of a mile west of the Town of Ault city limits on SH #14 . The Weld County urban growth boundaries have been established at a three-mile radius around each town. Therefore, the subject property falls into acceptable limits from the center of the Town. Also, the subject property is located on the Ault Area Future Map developed by the Ault Planning Commission. Please see attached map. ITEM #4 AND #5 STATEMENT OF WATER, SEWER AVAILABILITY There is a domestic water line bordering the subject property on the west side along Weld County Road 33 . The water service line on the subject property is owned by North Weld County Water District. They have demonstrated, through conversation and letter of intent, that they will be happy to furnish water for the subject property. There is no public sewer in the area of the subject property, but the ground has shown suitability for private septic systems demonstrated by the most recent approval of the Weld County Health Department dated June 23 , 1992, and installed on the subject property at 39718 Weld County Road 33 . 941106 ' BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD BOUNTY WATER DISTRICT GARY SIMPSON HIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS /0 Ws! w' I W.M. McKAY ' I CHARLES ACHZIGER y LYLE NELSON, MGR. : ,-r� P.O. BOX 56 • PHONE 356-3020 July16 , 1993 RE: Water Service • Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: $w' of Section 14-7N-66W 1. Water service is presently being provided to the above described property. f. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: The price of a tap is $3750. 00 , the price is good _..,: for 30 days from the above mentioned date 4;; Water can be made available for 6 taps at this legal address . Sincerely , NORTH WELD COUNTY WATER DISTRICT • L e D. 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'4 53 J<� b� ,i• .J.� tp ,, 7 �l: `. 1 . ;�325v , 13 4 4 4 r ,::!ti,,-:.. ! e' g 32 fJRr va Y . . e , ( :by `1 (�,;, • 4 !'d{ t 52 x'' �+.� q r ' e, lj y L.•` h,y tl�L , 4 T i1 H4' N NS .,, ,41111c-• ?�' 32 , ;i „', + N. `\ ot, / > • .,. (, an D'�',, l .� H?` 'ey5{ ♦ a . tt �t '14-,i*; ,y(i}'!�1*�1'� ~l�§r !rt. • 9-! ' !It.' "44.44Q.,.”..,IT :-.;; ( _ r '6, 1`a 34 lc• y 'r ..8/.7/4,5", > raW: f , .J' yy 4 €+rR, t7 ( p$:_ r , w„a32 ..,'•• q ({47 try' dl 4 5341 • i. tilt, V V•'-'4,2 iii r! �i • r 32 /; 5, -" 4 i • `ry.''% 5h' r* t•,`? •O4 p yl:t'r.4 /' 1�j 4%'r • • t . '!'Al,r,„i 23 ��y�yy i3• bl . • ,, ", ' rr,'p ... " a 32 1. 1r _.i • r "y. 42 .a li}l •ror -'a., , .,:i . ,k it SOIL SURVEY OF VA ._LD COUNTY, COLORAL SOUTHERN PART : i United States Department of Agriculture, Soil Conservation Service. I in cooperation with the Colorado Agricultural Experiment Station • 33—Kim loam, 3 to 5 percent slopes. This is a deep, Windbreaks and environmental plantings of trees and well drained soil on plains and alluvial fans at elevations shrubs commonly grown in the area are generally well of 4,900 to 5,250 feet. It formed in mixed eolian deposits suited to this soil. Cultivation to control competing and parent sediment from a wide variety of bedrock. In- vegetation should be continued for as many years as eluded in mapping are small areas of soils that have possible following planting. Trees that are best suited and loamy sand underlying material. 1. have good survival are Rocky Mountain juniper, eastern Typically the surface layer is brown and pale brown redcedar, ponderosa pine, Siberian elm, Russian-olive, and loam about 10 inches thick. The upper 28 inches of the un- hackberry. The shrubs best suited are skunkbush sumac, derlying material is pale brown loam. The lower part to a lilac, Siberian peashrub, and American plum. depth of 60 inches is pale brown fine sandy loam. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape Surface runoff is medium, and the erosion hazard is cover. For pheasants, undisturbed nesting cover is essen- moderate. tial and should be included in plans for habitat develop- In irrigated areas this soil is suited to crops commonly ment, especially in areas of intensive agriculture. Range- grown in the area. Perennial grasses and alfalfa or close grown crops should be grown at least 50 percent of the land wildlife, for example, the pronghorn antelope, can he time. Contour ditches and corrugations can be used in ir- attracted by developing livestock watering facilities, rigating close grown crops and pasture. Furrows, contour managing livestock grazing, and reseeding where needed. furrows, and cross slope furrows are suitable for row This soil has good potential for urban and recreational crops. Sprinkler irrigation is also suggested. Keeping til- development, Increased population__grpwth inthcsurvey lage to a minimum and utilizing crop residue help to con- area has resulted in increased homesite construction. The trol erosion. Maintaining fertility is important. Crops chief limiting soil feature_for urban development and road respond to applications of phosphorus and nitrogen. construction is the limited capacity of this soil_to_support__ In nonirrigated areas this soil is suited to winter wheat, a_load. Septic tank absorption fekls_function_properlyybut barley, and sorghum. Most of the acreage is planted to community sewage systems should be provided if the winter wheat. The predicted average yield is 28 bushels population density increases. Because of tfie permeability per acre. The soil is summer fallowed in alternate years of the substratum, sewage lagoons must be sealed. to allow moisture accumulation. Generally precipitation is __Lawns, shrub:. and trees grow well. Capability subclass too low for beneficial use of fertilizer. IIIe irrigated, IVe nonirrigated; Loamy Plains range site. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. 47—Olney fine sandy loam, 1 to 3 percent slopes. Terracing also may be needed to control water erosion. This is a deep, well drained soil on plains at elevations of The potential native vegetation is dominated by blue 4,600 to 5,200 feet. It formed in mixed outwash deposits. grama. Several mid grasses, such as western wheatgrass Included in mapping are small areas of soils that have a and needleandthread, are also present. Potential produc- dark surface layer. Some small leveled areas are also in- tion ranges from 1,600 pounds per acre in favorable years eluded. to 1,000 pounds in unfavorable years. As range condition Typically the surface layer of this Obey soil is grayish deteriorates, the mid grasses decrease; blue grama, buf- brown fine sandy loam about 10 inches thick. The subsoil falograss, snakeweed, yucca, and fringed sage increase; is yellowish brown and very pale brown sandy clay loam and forage production drops. Undesirable weeds and an- about 14 inches thick. The substratum to a depth of 60 nuals invade the site as range condition becomes poorer. inches is very pale brown, calcareous fine sandy loam. Management of vegetation on this soil should be based Permeability and available water capacity are on taking half and leaving half of the total annual produc- moderate. The effective rooting depth is 60 inches or tion. Seeding is desirable if the range is in poor condition. more. Surface runoff is medium, and the erosion hazard is . Sideoats grama, little bluestem, western wheatgrass, blue low. grama, pubescent wheatgrass, and crested wheatgrass are In irrigated areas this soil is suited to all crops coin- suitable for seeding. The grass selected should meet the manly grown in the area, including corn, sugar beets, seasonal requirements of livestock. It can be seeded into beans, alfalfa, small grain, potatoes, and onions. An exam-. a clean, firm sorghum stubble, or it can be drilled into a Ple of a suitable cropping system is 3 to 4 years of alfalfa firm prepared seedbed. Seeding early in spring has followed by corn, corn for silage, sugar beets, small grain, proven most successful. or beans. Land leveling, ditch lining, and installing pipelines may be needed for proper water application. All --' methods of irrigation are suitable, but furrow irrigation is the most common. Barnyard manure and commercial fer- tilizer are needed for top yields. • 941106 In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to Engineer' s Note: winter wheat. The predicted average yield is 28 bushels As underlined, both soils types are listed per acre. The soil is summer fallowed in alternate years as having good potential for Urban and to allow moisture accumulation. Generally precipitation is Recreational development. Septic systems too low for beneficial use of fertilizer. are suitable, with consideration given to Stubble mulch farming, striperopping, and minimum til- a moderately rapid permeability. A poss- lage are needed to control soil blowing and water erosion. i bl a ground water problem with contami na- Terracing also may be needed to control water erosion. ti on from sewage lagoons may exist if not The gntentiaL hatiu2• MQg,Atatinni any this. 'nnwt• site in, sealed dominated by sand bluestem, sand reedgrass, and blue grama. Needleandthread, switchgrass, sideoats grama, and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama, sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, and pubescent wheatgrass are suita- ble for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival • are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture, Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of the Olney soil. This soil has good potential for urban and recreational development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass IIe irrigated, IVe nonirrigated; Sandy Plains range site. 941106 ()(S'F' :I:NI)IV:I. ,AI... SEWAGE DI AL.. E 'CS TE:f`. 'I: RM:u hlO (3-92016Z4 WI: I_.I) CC)LJI'.1TY I-I!r::11...TFI S:'!i'!''i'tlil'111: h1'T REPAIR 1-'ERi°I:CT . ENVIRONMENTAL, i-!!ii:i',I..." H SERVICES :L',517 16111 F ''::TAL!::: ;:;:71A; ( .. :-WJEE.:I...EY., CO 80.6:13:l. . t:!: . , ..'! ! li, S ! I !OL_I.: ! !-.11:!:A!...` -l.La..;.. Il` ;J. : P"!`.'r ::i`, I iL!!'I: ... (≥ Li: -:!::<.: :. )•t rl :.I E: .: . .. ....-J:vI Ir;:! I :i NC! ! .... yr! • ._ , .. a:- :C:! Jr !. ! I iJ: . ....' I I' .iL. t .: • 1 ..II- ^i!.. I I I..L..I: I '' FJ:.- , _ J .... _� . .,. f...(i:11 l ,..z:0 TO M.S . ! c:: l , IS,..!. ! 1. 1 I::-' (:JI, 'C:'i`' , ' 1 ' ':•i t,.:;_.. 1'l:'y'i :i . I.<i F 1)11-. !:I'I(II..lI - i..l l'. ..I:!.:: F .: :•IA;... ! ! : 1 !IC. . Lt.JI+i i:il 'i!'i r. 1.;::.11.i.... Jr:...1) COUNTY Y HEALTH I H D PA, i'IENT ,. WELD COUNTY IDC. HEALTH DEPATHET C )LORADO . T PAM SMITH T. ?NVIRONMENTAL PROTECTION SPECIALIST - - 151 6TH AVE CT. ; r'.- _c`' COLORADO 80631 (303)3530895 - 941106 ttlr'•Mn-m4c.` may " tnp.1 ITEM #6 The only place on the subject property that may involve soil or topographical conditions that should be changed is in the northwest part of the property. There has been, in recent history, a pond created as a seep pond to the advantage of a feedlot directly to the west on an adjacent property. After research on such problem, no one seemed to know who built it . After hiring an attorney in 1992 to research such problem, he found no records of any such work or no easement to perform such work. As of April 1, 1994, Investigator Laurie Expy, Weld County Health Department, got feedlot runoff terminated. So such seep pond dried up and needs to be back filled. I intend to hire Goodell Construction of Eaton to clean out bottom of seep pond and fill it with road base materials . I now have . It will be finish graded and then a ditch pulled from 12" culvert that runs under Weld County Road 33 to the Larson Molander Seep Ditch. This culvert transfers runoff water under the road from West Barrow Ditch of Weld County Road 33 , which is rainwater. This is the only dirt or soil work that needs to be done . William E. Franz, Jr. Landowner 94110S ITEM #8 The road that will serve access to the proposed subdivision is a paved, sollec Qr road, known as Weld County Road 33 . It is a well marked and maintained road that has a 60' right-of-way. Due to the intersection with SH 14, at my north property line there is a 30 mph speed limit along approximately one-third of my property. ITEM #9 The construction of entrance accesses, culverts, driveways, maintenance and snow removal shall be the responsibility of each individual property owner. It shall also be the responsibility of each lot owner to provide and maintain a suitable culvert for the 15' irrigation easement to accommodate pipe installation for sprinkler pipe . ITEM #10 This parcel of 22 .16 acres has never been subdivided and is not a part of previously subdivided property of Weld County. ITEM #11 There will be no on-street parking within the subdivision. Due to the design, water table, 100-year flood datum line and also the slope to the east towards the Larson Molander Seep Ditch, the shallow depth of the property, the extraordinary length of property, there will be no internal streets . ITEM #12 AND #13 As I stated in Item #7, I do request one new access to be granted off Weld County Road 33 between Lots 1 and 2 . This would be at the northwest corner of Lot 1 and the southwest corner of Lot 2 . This would allow a direct entrance to each lot . I feel that security is in direct essence to movement in and out, plus all reasons stated in Item #7 . The property has two accesses on the northern portion for many years . Both accesses now enter Lot 6 . I would like to retain one to enter Lot 6 , 6 . 8 acres, then move the remaining access south approximately 500' to the junction of Lots 4 and 5 . Again, with the need to build close to Weld County Road 33 , this would enable smooth, short, easy access for any vehicles . 941106 ITEM #14 The minor subdivision property is seeded in Kentucky blue grass with long gentle slope towards the east. The grade, plus being seeded in grass allows an ideal area for rain water runoff . In fact, the more rain we get, the more healthy the property becomes because the easterly property line has a natural drain ditch that will not allow any water to ever accumulate . ITEM #15 All lots in the West Ault Subdivision will be 2 . 5 acres in size or larger, as submitted by my engineering company, McRae & Short, Inc. ITEM #16 All lots combined in the West Ault Subdivision will be six. ITEM #17 Throughout this process the Weld County Planning Commission has been in contact by letter and sometimes by phone with all agencies of interest in the zoning and subdivision process . Their reports have been favorable in regards to providing necessary services . ITEM #18 Title commitment. 941106 ITEM #18 TRANSAMERICA TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8034859 1. Effective Date: June 28, 1994 at 7: 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $ 150, 000.00 $279.00 Proposed Insured: To Be Determined B. ALTA Loan Policy $ $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: William E. Franz, Jr. and Marcia L. Franz, as joint tenants 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSAMERICA TITLE INSURANCE COMPANY By JOEL F. FORD Authorized Signature Issued: July 07, 1994 JFF/jad 941105 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034859 SCHEDULE A - Continued LEGAL DESCRIPTION All that part of the NW1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying West of the Larson and Molander Seepage Ditch and the Eaton Consolidated Seepage Ditch, EXCEPT parcel conveyed in instrument recorded May 17, 1971, in Book 646 as Reception No. 1568004, EXCEPT parcel conveyed in instrument recorded May 17 , 1971, in Book 646 as Reception No. 1568005, EXCEPT parcel conveyed in instrument recorded June 2, 1971, in Book 647 as Reception No. 1568859, EXCEPT parcel conveyed in instrument recorded June 2 , 1971, in Book 647 as Reception No. 1568860, and EXCEPT parcel conveyed in instrument recorded June 2, 1971, in Book 647 as Reception No. 1568861, these parcels being more particularly described as follows: Beginning at the West Quarter Corner of said Section 14 and considering the West line of the NW1/4 of Section 14, Township 7 North, Range 66 West of the 6th P.M. , to bear North 00 degrees 00 minutes 00 seconds West and all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds West, 487. 09 feet; thence South 89 degrees 18 minutes 15 seconds East, 60. 0 feet; thence North 00 degrees 00 minutes 00 seconds West, 180. 0 feet; thence South 89 degrees 18 minutes 15 seconds East, 613 . 20 feet; thence South 30 degrees 37 minutes 35 seconds East, 777.77 feet; thence North 89 degrees 26 minutes 46 seconds West, 1, 069. 43 feet to the point of beginning, ALSO EXCEPTING that portion conveyed to the Department of Highways, State of Colorado, by Deed recorded March 25, 1965, in Book 538 as Reception No. 1459571. Page 2 941196 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034859 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. A. Deed from William E. Franz, Jr. and Marcia L. Franz to owner to be determined. NOTE: This commitment is subject to such other and further requirements as may be necessary when the name or names of the grantee are disclosed to the Company. Page 3 941106 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034859 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Note: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 941106 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034859 SCHEDULE B - Continued EXCEPTIONS 7. Rights of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 8. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded April 1, 1889 in Book 51 at Page 405. 9. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Alvin A. Larson, Ernest V. Molander and Victor Ehn and Aaron J. Eaton recorded November 29, 1901 in Book 179 at Page 323 . 10. Right of way for the Hayden Ditch Company Ditch as granted to the Hayden Ditch Company, by Deed recorded May 13 , 1902 , in Book 163 at Page 168, in which the specific location is not defined. 11. Undivided 1/2 interest of all oil and mineral rights now owned by them as reserved by Peter Schmidt and Amalia Schmidt in the Deed recorded November 30, 1964, in Book 528 as Reception No. 1450410, and any interest therein or rights thereunder. 12. Rights of users, if any, in and to an irrigation well, as disclosed in deeds recorded May 17 , 1971, in Book 646, as Reception No's 1568004 and 1568005. 13 . Notes as contained on Rezoning Plat 2-486, recorded April 23 , 1994 in Book 1438 as Reception No. 02385116. 14 . Deed of Trust from William E. Franz, Jr. and Marcia L. Franz to the Public Trustee of the County of Weld for the use of Farm Credit Bank of Wichita to secure $60, 000. 00 dated May 4, 1992 , recorded May 5, 1992 in Book 1335 as Reception No. 02286935. 15. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from William E. Franz, Jr. and Marcia L. Franz, debtor(s) , to Farm Credit Bank of Wichita, secured party, filed May 5, 1992 as Filing No. U0246316 and recorded May 5, 1992 in Book 1335 as Reception No. 02286936. Page 5 941196 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034859 SCHEDULE B - Continued EXCEPTIONS NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. Page 6 941106 TRANSAMERICA TITLE INSURANCE COMPANY AUTHORIZATION TO WAIVE REQUIREMENT FOR TAX CERTIFICATE PRIOR TO POLICY ISSUANCE The undersigned hereby authorize(s) the company to issue its title insurance policy or policies as contemplated under commitment number 8034859 without ordering tax certificates pursuant to provisions of - Senate Bill 91-14 (CRS 10-11-122) . Proposed Insured Proposed Insured Return to: Transamerica Title Insurance Company 1113 10th Avenue Greeley, CO 80631 QQ 941196 ITEM #19 Proposed use for the subdivision is orderly, attractive single- family housing. ITEM #20 In a letter dated May 16, 1994, the regional coordinator of the D.O.T. had concerns of a 150' right-of-way for future use on SH 14 . She explained that the current sketch plan only shows 75' right-of-way. However, all maps show 150' . I believe my current planner was going to contact her. The Colorado Geological Survey had concerns of off-site drainage from the apparently abandoned seepage ditch. The Larson Molander Seep Ditch is in full operation. In February, 1992, I hired Goodell Construction based in Eaton to dig, clean, develop the seep ditch from the SH 14 down through my property. According to good sources the ditch hadn' t been cleaned in past memory. The Goodell crew brought equipment along with a drag line and done an expensive job. After they were finished, survey pins were installed at my property line. I own the land to the center of the ditch. The most prevalent concern was made by the Weld County Public Works Department explaining Section 4 . 5 . 9 .11 and 4 .5 . 9 . 12 . This problem has been addressed by all concerned and was decided by the Planning Commission and my current planner to be concurrent with the final plat process . Please see Items #7, 12 and 13 . No other problems were evident in the referral letters sent out . ITEM #21 The total number of lots proposed - 6 . ITEM #22 There are no proposals for a circulation system, sidewalks, curb or gutter, or roads, just driveways . Parking will be accommodated by each individual lot owner, assumably in their driveway or garage area. Most rural owners of acreages have a detached garage with a turning area. ITEM #23 AND #24 There are no provisions for any school site, open space, park within this area. 941195 ITEM #19A The proposed use for the subdivision is orderly, attractive single family housing. The reiteration of such statement is supported throughout my ten pages of protective covenants . Probably the most important declaration in such covenants is the architectural control committee . Such committee will be two persons, myself and my wife to start with. I will retain McRae& Short engineering as consultants . Maybe I should explain that I have had forty years experience in all phases of construction. I started at a very young age, eight years old, running a dozer, loader and grader for my father' s construction company that built roads . Since that time I've had extensive experience in layout, design, load design, grades, and marketing of housing units . I have worked on many commercial and industrial complexes such as International Air Pollution Lab, many power plants, water treatment plants, oil refineries and hospitals where I held various positions of foreman, area foreman and superintendent . My purpose for explaining this is to demonstrate that I should qualify as a well-versed member of the architectural control committee . To be very specific let us talk about roofing materials and design. All roof structure will be approved by the U.B.C. United Building Code specifications . Each roof will have a minimum of 5-12 grade and a maximum of 12-12 grade. Roof design will be gable or hip design only. Heavy weight 30# felt payment will be used as an underlayment . Exposed surface materials shall be glazed tile, cedar shakes, or Wood Ruff masonite only. All buildings on each lot shall have the same character design as the house . All materials will follow into detached buildings such as garages, shops or barns . The minimum square footage for ranch designed homes will be 1800 sq. ft . Similar size or larger will be permitted on two or multi- story homes . All lot owners, according to the covenants, must start building procedures with the architectural control committee . First they must have a plot plan with all desired buildings located on such plan according to our estate zoning regulations and also in line with our Empire Labs Technical Report. The covenants also explain all plans necessary to receive written permission, to build such buildings, before seeking any building permit of any kind. Such procedures are called out in the covenants and will make an attractive orderly subdivision. No deviations will be tolerated. No temporary buildings, trailers, tents, fences or any other structures of a temporary nature will be permitted. No storage of any building materials, cars, trucks, or equipment shall be placed on any lot at any time . All animals shall be properly confined by approved fences (See covenants p . 5-6) . 941.1,9S ITEM #25 Agreement with North Weld County Water District. 941105 ITEM #`25 BOARD OF DIRECTORS "ERNEST TIGGES ate NORTH WELD COUNTY WATER DISTRICT �'^' I GARY SIMPSON ERNEST ROSS r"M. �,. HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER 2 /� ��'I V LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356-3020 July 6 , 1994 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: NW 4 of Section 14-7N-66W 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Sincerely, North We d County at r 'strict Ly a D. Nelson anger William Franz 941196 ITEM #26 The proposed sewage systems will be on an individual basis . Each lot owner will contact the Weld County Health Department for a permit and construction plans required for installation of a septic tank and leach field. • 941106 ITEM 127 m Public Service® Public Service 0 Company of Colorado 810 9th Street P.O.Box 8 Greeley, CO 80632-0008 (3031 353-1144 July 8, 1994 William E. Franz Jr. 39718 WCR 33 Ault, CO 80610 Re: West Ault Subdivision Attention: William E. Franz. Jr. Public Service Company of Colorado is ready, willing, and able to serve electricity to your new subdivision located at 39718 WCR 33, Ault to be developed into a total of 6 lots. If you have any further questions, please call. Sincerely, C-3167nAttaaWand Thomas Tiffany Energy Services Representative TT/jy 941196 THIS DECLARATION CONTAINS NO RESTRICTION BASED ON RACE, COLOR, GENDER, RELIGION, OR NATIONAL ORIGIN. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR WEST AULT SUBDIVISION THIS DECLARATION of Protective Covenants, Conditions and Restrictions ("this Declaration") is made by WILLIAM E. FRANZ, JR. and MARCIA L. FRANZ, OWNERS, and FARM CREDIT SERVICES, INC. , LIENHOLDERS, hereinafter called the ("the Declarant") ; RECITALS: WHEREAS, the Declarant is the owner of the following described real property, all of which property is situate in the County of Weld, State of Colorado: Lots 1, 2, 4 , 5 and 6, West Ault Subdivision in the County of Weld, State of Colorado; and WHEREAS, Declarant desires to establish certain standards covering the property by means of protective covenants to insure the lasting beauty, value and enjoyment of the property; and NOW, THEREFORE, as provided in this Declaration of Covenants, Conditions and Restrictions for the lots referenced in the West Ault Subdivision, the Declarant declares that in addition to all applicable governmental laws and ordinances, the following terms, covenants, conditions, easements, reservations, restrictions, uses, locations and obligations are adopted and shall be deemed to run with the land, shall be a burden and benefit to any person or persons acquiring or owning an interest in the Property and any improvements thereon, their grantees, successors, heirs, administrators, devisees, transferees, or assigns. ARTICLE I. DEFINITIONS Section 1: "Architectural Control Committee" shall mean and refer to the Architectural Control Committee, hereinafter further defined and organized. Section 2: "Declaration" means this Declaration, and any recorded instruments however denominated, that create this Common Interest Limited Expense Planned Community, including any amendments and also including, but not limited to, Plats of the Property recorded in the Clerk and Recorder's office of Weld County, Colorado. 1 941106 Section 3: "Owner" means the record owner, including the Declarant, whether one or more persons or entities of the fee simple title of any Lot which is part of the Property including purchasers under installment land contracts (the "Installment Land Contracts") . The term Owner does not include a person having an interest in a Lot solely as security for an obligation. Section 4: "Mortgagee" means any Person who has a Security Interest in a Lot and who has provided written notice of such interest to the Association. Section 5: "Person" means any natural person, corporation, partnership, association, trust, or any other entity or combination thereof. Section 6: "Property" means all of the land situate in West Ault Subdivision, a subdivision in the County of Weld, State of Colorado, with the exception of Lot 3 thereof. Section 7: "Security Interest" means an interest in real estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, and any other consensual lien or title retention contract intended as security for an obligation. "First Mortgage" shall mean and refer to Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over the Common Interest Community. ARTICLE II. ARCHITECTURAL CONTROL Section 1: Architectural Control Committee. The West Ault Subdivision Architectural Control Committee is hereby created by this Declaration. No building, wall, fence or other structure or enclosure, deck, patio, solar collector, antenna, or other improvements shall be erected, placed, or altered on any Lot, nor shall the exterior of any improvement on any Lot be changed or modified, either in color or material, until plans and specifications of the same have been submitted to and approved, in its sole discretion, by the Architectural Control Committee. Two (2) complete sets of plans and specifications with complete detail shall be furnished to the Architectural Control Committee, which plans and specifications must be complete, legible, and understandable. The Architectural Control Committee may retain one set as part of its permanent files. The Architectural Control Committee reserves the right in their sole discretion, to reject plans and specifications if they deem them to be incomplete or insufficient. The Architectural Control Committee reserves the right to waive or vary from any of the requirements or restrictions 2 941194 described in the Declaration. The following items must be included in such plans and specifications in addition to other items which the Architectural Control Committee may require, in its sole discretion, from time to time. a. Size and square footage of finished space, including floor plans; b. Exterior elevations; c. Exterior colors and samples of exterior materials. All colors and exterior materials must be approved in advance by the Architectural Control Committee in its sole discretion; d. Harmony of design with surrounding structures and variation in exterior design to avoid monotony of repetition. No premanufactured housing will be permitted. e. Specifications for driveway - must be concrete from garage extending a minimum of 30 feet; f. Plot layout with respect to topography, grade and drainage in relation to existing dwellings and drainage. g. Roof plan; h. Building completion time - all buildings must be completed within six (6) months from commencement of construction. Section 2: Membership to Committee. The Architectural Control Committee shall consist of not less than one nor more than three persons. The initial number and members of the Architectural Control Committee shall be two. The Architectural Control Committee shall consist of the Declarants or their designated assign, and they shall remain the Architectural Control Committee, at their discretion, as long as they own Lot 3 of the West Ault Subdivision. At such time as they shall sell or transfer and no longer have an interest in any lots within the West Ault Subdivision, then the members of the Architectural Control Committee shall be elected by the lot owners. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this Declaration; however, members of the Architectural Control Committee shall be reimbursed by the affected lot owners for any costs and expenses incurred in performing their duties pursuant to the terms of this Declaration. A majority of the members of the Architectural Control Committee may designate a representative to act for it. In the event of a vacancy on the Architectural Control Committee, a vacancy shall be filled by the Declarant, as long as he/she has any ownership interest in the West Ault Subdivision. 3 941105 Section 3: Rules and Regulations. The Architectural Control Committee shall have the right, but not the obligation, to establish Rules and Regulations specifying the procedures, standards and guidelines (in addition to those generally described above) related to the purpose and duties of the Architectural Control Committee under this Declaration. For as long as the Declarant has the right to appoint members of the Architectural Control Committee, the Declarant shall approve any such Rules and Regulations prior to their use and implementation. Section 4: Approval. Approval by the Architectural Control Committee shall be in writing or indicated by endorsement on the plans and specifications submitted for approval. In the event the Architectural Control Committee fails to approve or disapprove the plans and specifications submitted to it by the owner of a lot within thirty (30) days after submission, then such approval shall be deemed to have been given. However, no building, other structure or landscaping shall be erected or allowed to remain on any lot which violates any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license by the County of Weld, State of Colorado, or other governmental authority having jurisdiction over the Property shall not prevent or prohibit the Architectural Control Committee or a lot owner from enforcing the terms and provisions of this Declaration, and approval by the Architectural Control Committee of plans and specifications submitted to it shall not constitute any representation that such plans and specifications comply with applicable zoning ordinances or building codes. Section 5: Liability. The Architectural Control Committee shall not be liable to any owner for any loss, cost, expense or damage, including attorney's fees, suffered by such owner as a result of any decision made by the Architectural Control Committee unless such action is taken in bad faith or with malice against an owner. Section 6: Non-Waiver. The approval or disapproval by the Architectural Control Committee of any plans, drawings, or specifications for any work or construction done or proposed, or in connection with any other matter requiring the approval of the Architectural Control Committee under this Declaration, shall not be deemed to constitute a waiver of any right to approve or disapprove any similar plan, drawing or specification or matter whenever subsequently or additionally submitted for approval by any Owner. Section 7: Estoppel Certificate. Within thirty (30) days after written demand therefor is delivered to the Architectural Control Committee by any Owner, and upon payment to the Association of a reasonable fee from time to time to be fixed by the Architectural Control Committee, the Architectural Control Committee shall provide an Owner with an estoppel certificate 4 941196 executed by any one of its members, certifying with respect to any Lot of said Owner, that as of the date thereof either (a) all improvements and other work made or done upon or within said Lot by the Owner, or otherwise, comply with this Declaration, or (b) such improvements and work do not so comply, in which event the certificate shall also (i) identify the non-complying improvements and work and (ii) set forth with particularity the cause or causes for such non-compliance. ARTICLE III. LAND USE AND BUILDING RESTRICTIONS Section 1: Building Location and Setback Requirements. The location and setback of each building on any Lot shall be determined in the sole discretion of the Architectural Control Committee, which setback and location restrictions and limitations shall be at least consistent with all applicable governmental zoning ordinances, subdivision regulations and building codes. The Architectural Control Committee may, in it sole discretion, require and enforce varied and more restrictive setback and location requirements with respect to the various Lots located in the Property. No portion of any improvement or building on any Lot may encroach upon another Lot. Section 2 : Storage Sheds. No tent, trailer, shack, barn, shed or other outbuilding or structure shall be placed on or erected on any Lot, except by written approval from the Architectural Control Committee. Section 3 : Fences. All enclosures and fences, including materials, height and location, must be approved in advance by the Architectural Control Committee, in its sole discretion. Fencing will be limited to a maximum height of five feet and must be an open style, decorative fencing. Stockade or other solid-types of wooden fencing are prohibited. Section 4: Single Family. No Lot shall be used except for private single family residential purposes, although, Owners may use their residences for in-home offices to the extent that such use is consistent with applicable governmental zoning ordinances and such use will not increase traffic in the subdivision and conditional that such use is approved, in advance, by the Architectural Control Committee. Section 5: Signs. No sign of any kind shall be displayed to the public view on or from any Lot without the prior approval of the Architectural Control Committee, except standard "for sale" signs. Section 6: Damage or Destruction of Improvements. In the event any Residence or other structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, 5 941105 said Residence or other structure shall be promptly rebuilt, repaired or remodeled to comply with this Declaration. Section 7: Nuisance and Waste. No noxious or offensive activity shall be permitted in or on any Lot or on the Common Areas nor shall anything be done therein which may be or become an annoyance or nuisance to any Owner. No waste shall be committed on any Lot or any part of the Common Areas. Section 8: Storage of Boats and Vehicles. Boats, trailers, campers, trucks, motor homes, recreational vehicles, and inoperable vehicles of any type shall not be stored or parked on, in front of, or in open view of any Lot for more than seventy-two (72) hours, except within a fully enclosed garage out of complete view from the street. Section 9: Maintenance of Lots and Improvements. Owners of Lots shall keep or cause to be kept all residences, fences, and other structures and all landscaping located on their Lots in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Lot except during the period of construction of the residence. Section 10: Animals. No animals, livestock, reptiles, or poultry of any kind shall be raised, maintained or bred on any Lot for commercial purposes. It is understood that domestic animals, including, but not limited to, dogs, cats, and livestock, such as horses, sheep, cattle, pigs, llamas, goats, ducks, chickens, or similar type animals, may be kept on a basis of one animal, per complete acre owned. Ducks, chickens, geese and similar-type animals shall be allowed on the basis of five (5) per complete acre owned. Household pets shall not be permitted to roam free around the property, but shall be kept under the supervision and control of the owner at all times. Owners of household pets shall be strictly liable to all the other owners for any damage to property or injury to persons, however light, caused by any household pet, including failure of a homeowner to pick up their household pet's feces. Section 11: Yard Maintenance and Seeding. Each Lot will be landscaped with grass or other landscaping accepted in writing by the Architectural Control Committee. Each owner will prepare a 6 941105 landscaping plan, complete with a time table for starting and completion, which plans shall be submitted for written approval to the Architectural Control Committee contemporaneously with the submission of the dwelling plans and specifications or within thirty (30) days after the dwelling is complete. All landscaping shall be completed no later than six (6) months after the dwelling on any lot is inhabited. All Owners of Lots shall cut and control all weeds and vegetation growing on their Lot, whether vacant, occupied, or those with improvements under construction. Section 12 : In-Home Daycare Prevented. There shall be no commercial in-home daycare provided on any of the Lots subject to this Declaration. ARTICLE IV. SPECIAL DECLARANT RIGHTS Declarant reserves the right for the maximum time limit allowed by Law or, to the extent no such time limit is fixed by law, for as long as they own any interest in the West Ault Subdivision, to perform the acts and exercise the special rights defined below: Section 1: Amendment to Declaration. So long as the Declarant owns any Lot in the Property, Declarant shall have the right to amend this Declaration and to record such Amendment(s) in Weld County, Colorado records, which Amendment(s) shall run with the land and be binding upon all Lot Owners. Section 2: Amendment to Plat. The right to amend the Plat to the Property so long as Declarant owns any Lot in the Property. Section 3: Exception. The Declarant has specifically excepted Lot 3 of the West Ault Subdivision from these Covenants, and the same shall be excepted from these Covenants for as long as either William E. Franz, Jr. or Marcia L. Franz have an ownership interest in said Lot. At such time as their ownership interest in said Lot ceases, then Lot 3 of the West Ault Subdivision shall become subject to the terms, covenants and conditions of this Declaration. ARTICLE V. GENERAL PROVISION Section 1: Enforcement. Enforcement of any provision of this Declaration shall be by appropriate proceedings at law or in equity against those Persons violating or attempting to violate any such provision. Such proceedings may be for the purpose of removing a violation, restraining or enjoining a future violation, recovering damages for any violation, foreclosing a lien, obtaining such other and further relief as may be available, or any combination thereof. Such proceedings may be instituted by an Owner or by the Architectural Control Committee. In the event it becomes necessary to commence such proceedings, the prevailing party shall be 7 941195 entitled to recover the cost and reasonable attorney's fees incurred in connection with such proceedings. The failure to enforce any provision of this Declaration shall not preclude or prevent the enforcement thereof for a further or continued violation, whether such violation shall be of the same or of a different provision. Section 2 : Covenants to Run with the Land. This Declaration and these provisions are to run with the land and shall be binding upon all Lot Owners subject to this Declaration, their legal representatives, heirs, successors, assigns, and all other persons claiming under them until January 1, 2015, at which time this Declaration and said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote of seventy-five percent (75%) of the then record Owners of the Lots it is agreed to change this Declaration and said covenants in whole or in part. Section 3: Severability. If any provision or term of this Declaration is invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. Section 4: Notice. Notice of matters affecting the Property may be given to Lot Owners by the Architectural Control Committee, or by other Lot Owners, in the following manner: Notice shall be hand delivered or sent by United States mail, first class with postage prepaid, to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Such notice shall be deemed given when hand delivered or on the date deposited in the United States mail. Section 5: Liability of Architectural Control Committee. No member or director of the Architectural Control Committee or any other position established hereunder shall be personally liable to any Owner or any other person for any error or omission of the Architectural Control Committee or any committee established hereunder; provided, however, that if such member has not acted with intentional bad faith or malice toward any Lot Owner. Section 6: Execution. This Declaration may be executed in counterparts by the undersigned. 8 9411.05 IN WITNESS WHEREOF, the Declarant has caused this declaration to be executed this day of , 1994. FARM CREDIT SERVICES, INC. WEST AULT SUBDIVISION By: By: William E. Franz, Jr. ATTEST: By Marcia L. Franz STATE OF COLORADO ) ) ss. COUNTY OF Subscribed and sworn to before me this day of , 1994 by William E. Franz , Jr. Witness my hand and official seal. Notary Public My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF Subscribed and sworn to before me this day of , 1994, by Marcia L. Franz. Witness my hand and official seal. Marcia L. Franz 9 941105 STATE OF COLORADO ) ) ss. COUNTY OF Subscribed and sworn to before me by as , and as of Farm Credit Services, Inc. this day of , 1994 . Witness my hand and official seal. My commission expires: Notary Public 10 94111 ITEM #29 Not applicable. ITEM #30 Not applicable . ITEM #31 Not applicable . ITEM #32 Not applicable. ITEM #33 Not applicable . 941105 et y _ o y,-ed McRAE & SHVRT, INC. 1231 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development JULY 8 , 1994 PROJECI NO. 93410 Mr. William Franz 39718 Weld County Road 33 Ault, Colorado 80610 RE: FINAL PLAT FOR STORM DRAINAGE REPORT AULT WEST SUBDIVISION Dear Mr. Franz, As required by Weld County Department of Planning Services in conjunction with a Minor Subdivision Final Plat Application, we submit the following information for review. The property under consideration lies in the Northwest Quarter of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado and lies one mile West of Ault. The property is bounded on the West by Weld County Road 33, on the North by State Highway No. 14, on the East by the Larson Mohlander Seepage Ditch and on the South by several residential tracts of land. The site contains 22.1552 Acres of which 1 .4 Acres is in County Road Right- of-Way, leaving a net of 20.7 Acres being divided into 6 lots. The minimum lot size is 2.5 Acres with the average size being 3.5 Acres. No known resi- dential developments lie within 1/2 mile of the proposed Ault West Subdivi- sion. The general soils classification on this site are No. 33, Kim loam, 3 to 5% slopes and No. 47, Olney fine sandy loam, 1 to 3% slopes. These soils have good potential for urban development. Permeability is moderate, surface runoff medium and erosion hazard low. A full Soil Conservation Service soils description is included in the application. 94110S Mr. William Franz JULY 8 , 1994 PROJECT NO. 93410 RE: FINAL PLAT FOR STORM DRAINAGE REPORT, AULT WEST SUBDIVISION The ground slopes, as referenced above, from West to East, to the Larson Mohlander Seepage Ditch, which drains Southeasterly. Present ground cover consists of bluegrass and range grass. The area was formerly used as a sod farm. Borrow ditches on both sides of Weld County Road 33 control surface runoff from entering the site from the West. Whereas the drainage basins are moderately large, the areas are generally undeveloped dry land acreages. The area is part of Flood Insurance Rate Map Community Panel No. 080260- 0475-C, effective date September 28, 1982, prepared by the Federal Emergency Management Agency. A t00-Year flood plain is delineated along the seepage ditch and covers a portion of the Northeasterly part of the subdivision. Flood Hazards and elevation have not been determined. Each lot contains an adequate building pad lying outside the 100-Year Flood Plain. The historic drainage patterns will not be affected by the development as the county road is not being changed. The owner has recently cleaned, widened and deepened the seepage ditch, which will improve the flow charact- eristics in the major drainage channel . The spoil from the cleaning has been placed on the Westerly side of the seepage ditch. This will create detention areas along the Easterly side of the Northerly lots. The drainage pattern of each lot is West to East (i .e. from Weld County Road 33 to the Larson Mohlander Seepage Ditch). A detention pond presently exists in the Northwest Corner of the site. The pond was used for control of runoff from the feedlot to the West. The feed- lot will install detention on their property and the existing pond will be filled and a new channel constructed to carry historical storm water and county road borrow pitwater Easterly to the Larson Mohlander seepage Ditch. 2 941196 Mr. William Franz July 8 , 1994 PROJECT NO. 93410 RE: FINAL PLAT FOR STORM DRAINAGE REPORT, AULT WEST SUBDIVISION In consideration of the above information and conditions, it is proposed that any new improvements be elevated a minimum of 2 feet above the ad- joining county road. Each lot will be maintained with a ground cover and provide an individual detention area easterly of their improvements for storm water control . In our judgement, this plan will address the minimal increase in storm water runoff and is a workable solution to the increase in storm drainage created by the improvements and that the controlled storm water from the sites can be detained and discharged without adverse effect upon surround- ing or downstream properties. It should be recognized that storms of a greater magnitude than considered or a different combination of conditions could exist that could cause flooding and storm water quantities greater than considered herein. If you or any of the governing agencies have any questions, please contact us. Respectfully, r" rrt 16 E Gerald B. McRae, Professional Engi Land Surveyor, Colorado Reg. No. 6616 milimmO' Enclosures: Excerpts from FIRM Map No. 080260-0475-C Excerpt from Severance Quadrangle 3 941105 KEY TO MAP o determine if flood Insurance H available in this community. 500-Year Flood Boundary ontact your insurance agent,or call the National Flood Insurance loo-rear Flood Boundary— 1ZONEB11 Togram at(600)6366620. Zone Designations.'• 100-Year Flood Boundary ff.a ZONE B 500-Year Flood Boundary I; APPROXIMATE SCALE 2000 0 2000 FEET Base Flood Elevation Line 573^- With Elevation In Feel•n Ras Flood Elevation in Feet (EL 9871 Where Uniform Within Zone•e Elevation Reference Mark R Mix River Mlle •Ml.5 •a Referenced to the National Geodetic Vertical Datum of 1929 *EXPLANATION OF ZONE DESIGNATIONS ZONE EXPLANATION A flood hazard actorsna flood; elevations ado NATIONAL FLOOD INSURANCE PROGRAM AO Areas of i 00-year shallow flooding where depths are between one(I)and three(3)feet;average depths of inundation are shown,but no flood hazard factors j?o-r 64.4.8P.ere determined. 4o.l(._. \J .) Ra-ck 1 uD AH Areas of 100-year shallow flooding where depths FIRM ele between one (I)and three (3)feet;base flood evations are shown, but no flood hazard factors are determined. A1.A30 Areas of 100-year flood' base flood elevations and FLOOD INSURANCE RATE MAP flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. B Areas between limits of the 100-year flood and 500- WELD year flood;or certain areas subject to 100year flood- ing contributing average depths less than one(I)loot where th COUNTY, mil con areasipr drctedgb ev is less the one square fld. ;led or areas protected by levees from the base flood. Mediumshading) COLORADO C Areas of minimal flooding.(Np shadings o Areas of undetermined, but possible,flood hazards. UNINCORPORATED AREA V Areas of 100-year coastal flood with velocity (wave action);base flood elevations and flood hazard factors not determined. II-V30 Areas of 100-year coastal flood with velocity (wave action);base flood elevations and flood hazard factors PANEL 475 OF 1075 determined. • (SEE MAP INDEX FOR PANELS NOT PRINTED) • • NOTES TO USER lertain areas not in the special flood hazard areas(zones A and V) nay be protected by flood control structures. 'his map is for flood insurance purposes only;it does not neces- - arlly show all areas subject to flooding in the community or II planimetric features outside special flood hazard areas. for adjoining map panels, see separately printed Index To Map nets, • COMMUNITY-PANEL NUMBER. • 080266 0475 C • INITIAL IDENTIFICATION: MARCH 21,1978 MAP REVISED: • FLOOD HAZARD BOUNDARY MAP REVISIONS: SEPTEMBER 28, 1982 • FL000 INSURANCE RATE MAP EFFECTIVE: TBCBIBI emergency management MARCH 18.1980 ge Cy get agency FLOOD INSURANCE RATE MAP REVISIONS: / SEPTEMBER 28.198i..Petrol revised-to reflect F.E.M A.title block. VL 9411.0S ' ZOCE \ / I (own of Pierce — —� ZONE A 27 AREA NOT 29 2B INCLUDED 26 SPi”, 5 Creek \ r. .� I - _ N z. N \_ 4 32 �'• _ 3� . �/ 34 0 35 36 lit \\-.--__.____"r;>.c, \ ,PL(CrL L _ _ 1\ 1 N N(9o-ral f ®(Th 8 V \ \ STAGE n T 1 _, 1_ .,_). fl _ Nc---::\\N •N.„,,,..____\HI,,,Q, � 4 3 2 1 \\ \ Li `�_ _ _ ,.) $ \ ---)\\� 2 1 { 3 D II V e \ 82' 6 \ Town cif Ault t AREA NOT INCLUDED 1r I .�� ...J II _ �`/�^�/�`\VrIaSiV / EKE 3G/ 1. mural 14 13 16 15 IN \ N a ZONE AZONE C 2a 211 :22 2? N\---\:\. � 23 A i kii, • \�_ / r, C-\I H. I N \ q � Ni. \ III • \ t� I o00 •. J \I 3\ I II 4950 / II ‘._ / .2 7 \ I_____ 0. k � bry ? 1t V oI -, , J 7 v -'-/ , -I "!):r* Y IF: � o ° \�T / ) it / / > >/ r x i � s O � L_n I � � �r 1 I v� baoo / 1 h r IC / I -- v ' -,� \ •" 'Dr a _ _ _z V �A eel - _�� 1gRII P Jy �Ci b ��.� • • / m _ r �� $i 5100 ""I ��G� -.-/�� _ � f 5p6� �.- /� g " I 'L . w., )--7),—/(,.,:-'— N 7 -- -j----N 1 im a-• `\ V5,60 ) m--,' )/—\/ - / / , , / 11 I; t J L / CD / I� D 1 ti�i✓ ,� ice/ I�"�---� I ito i. : � �' /� lJ� /, �� , )/ I i 1 T M 39 STATE rs COLORADO S S CE f FICATE OF TAXES DUE COCiNTY OF WELD �r�� 1, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. y,. �.�.. .. PARCEL t)E3�:.5686 18555 ...HAT PT NW4 14 7 66 W OF DITCH EXE BEG NAME 620707:14000002 is 237.09'N OF W4 COR SEC N250 ' '389X)18 'I::: 780.54 ' FRANZ WILLIAM E JR FA MARC 330D37'E F 292.62' N89D 10 929.62 ' BEG ALSO EXC VENDOR '<IE:c 237.09 'N OF WI CUR SEC So9D:1£:3 'E 929.62 NO. WILLIAM E FRANZ 0D3l'E 274.48' N£:39D26'W :1069.4:i ' TO BEG ALSO EXC 11/:1068 4E(3 407.09 'N l a£:39D:1£3 'E:: 60' FROM W4 FOR N180 ' a£:39D1.0'F 613.20' 6301)37'F: 2:1.0.6"!' ' 1169D:1.£:3 'W 720. 54 ' EXCEPT- *:1.993 TAXES $493,.(32. r0 BE(3 (2.755A M/L) (2R) 'T'O'T-Al.. AI*1(:JiJNrr DUE:: FOR THIS PARCEL. IS $0.00 TAX AUTHORITY LEVY TAX TAX AUTHORITY LEVY TAX WELD COUNTY 22.457 139.68 SCHOOL.. D:I:ST RE9 43.933 2.73.,2.6 NCW WATER 1.000 6.22 AUL..T FIRE 3.767 23.43 AIMS jUNIOR COL. 6.322 39.32 WELD LIBRARY 1. . 500 9.33 WEST OFLY SOIL... .4:1.4 2. 58 This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and • Recorder,or the County Assessor. JULY 08., :1994 FRANCIS M.LOUSTALET 1993 TAXES I".A.E1:) $493.82* *SURER or WELD C TV By cU DEPUTY 94110S Hello