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MINOR SUBDIVISION FINAL PLAT APPLICATION ([��]]II1/2
Department of Planning Services, 1400 N. 17th Avenue, Greeley, (h-l""�1
Phone: 353-3845, Ext. 3540
10'. 5 1\114
FOR PLANNING DEPARTMENT USE ONLY: �J� (-
CASE NO. APPLICATION FEE CU l �h
ZONING DISTRICT RECEIPT NO. \C (J1)\ r,)
DATE APPL. CHECKED BY
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:
NE 1/4 OF SECTION 5, T. 4N., R. 68W. OF THE 6TH P.M.
- SEE ATTACHED -
(If additional space is required, attach an additional sheet) .
MOUNTAIN VIEW ESTATES 2
NAME OF PROPOSED MINOR SUBDIVISION EXISTING ZONING
ZONING
TOTAL AREA (ACRES) 14.659 NO. OF PROPOSED LOTS 5
LOT SIZE: AVERAGE 2.93 (I .. MINIMUM 2.65 cut..
UTILITIES: WATER: NAME LITTLE THOMPSUN WATER DIS'ITt C1'
SEWER: NAME PRTVATP..SdQSYS L—S+k''MC_SYSTE'MS
GAS: NAME PUBLIC SERVICE COMPANY OF COLORADO
ELECTRIC: NAME POUDRE VALLEY REA
PHONE: NAME US WEST TELEPHONE SERVICE
STR1e1'
DISTRICTS: SCHOOL: NAME
FIRE: NAME BERTIIOUD FIRE PROTECTION DISTRICT
NAME OF APPLICANT WAR W. LARSON PHONE 532-3361
ADDRESS 925 N. COUNTY LINE RD., RTE 1
NAME OF APPLICANT DONNA M LARSON PHONE 5l?-3361
ADDRESS 925 N. COUNTY LINE RD., RTE 1
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 )
STATE OF COLORADO )
•
Signal : Owner or Authorized A '(nt
Subscribed and sworn to before me this 4,161 day of elie4N/et, 1993.
(SEAL) / n •
CA9atNotary Public
My Commission Expires //- 3D - 476
EXHIBIT
941602 /
LL
940303
LEGAL DESCRIPTION
for
MOUNTAIN VIEW ESTATES 2
Beginning at the Northeast corner of said Section 5;
Thence N90°00'00"W along the North line of said Section 5,
a distance of 811. 24 feet;
Thence S02°19'00"E a distance of 1321. 08 feet to the TRUE
POINT OF BEGINNING;
Thence continuing S02°19' 00"E a distance of 1216.56 feet
to the South line of the Northeast Quarter of said
Section 5;
Thence S88°45'43"W along said South line a distance of
521. 55 feet to the West line of the East 12 .50 feet of the
Northeast Quarter of said Section 5;
Thence NO2°24'30"W along said West line a distance of
1227 .92 feet;
Thence N90°00'00"E a distance of 523 .86 feet to the
POINT OF BEGINNING.
Containing 14.659 acres, more or less.
9403P3
1
Application Requirements
For
Mountain View Estates 2
The following statements and attachments are in response to
the items listed as Application Requirements in the Minor
Subdivision Final Plat Procedural Guide. . The statements are
listed by number as they appear in the Procedural Guide.
Item 1.
Please see the attached application form.
Item 2 .
This minor subdivision is in compliance with the Weld
County Comprehensive Plan. Please refer to the attached
letter from CDS Engineering dated July 6, 1993 .
Item 3 .
This minor subdivision is located within a 3 mile
radius of the existing city limits of Loveland, Colorado.
Please see the attached letter from the City of Loveland
dated February 8, 1993 .
Item 4 .
The Little Thompson Water District has made a
commitment to provide domestic water service to Mountain
View Estates 1 and Mountain View Estates 2 . Please refer to
the attached commitment letter of February 6, 1993 and
extension of commitment dated November 9, 1993 .
Item 5.
The proposed sewage disposal system is that of
individual septic tanks for each lot of the proposed minor
subdivisions. Percolation tests were performed and the
soils were determined to be adequate. These septic systems
will follow the guidelines and criteria set forth in the
Individual Sewage Disposal System Regulations as prepared by
Weld County Health Department. Please refer to the attached
engineer's statement dated 2/9/93 regarding percolation
tests.
Item 6. -
No hazardous soil or topographical conditions exist
within the proposed minor subdivisions. For more
information, please refer. to the attached geology report and
the attached 4/5/93 letter from the Colorado Geological
Survey.
940(1.3
2
Item 7 .
All roads within the proposed minor subdivisions are to
be 24 ' wide with a road section consisting of 4" of gravel
with 6" of pit run. This road design will provide adequate
width and structural capacity.
Item 8 .
All offsite streets or highways are adequate in
functional classification, width and structural capacity to
meet the traffic requirements of the proposed minor
subdivision.
Item 9.
The construction, maintenance, snow removal and other
matters pertaining to or affecting the road and rights-of-
way for Mountain View Estates 1 and Mountain View Estates 2
are the sole responsibility of the land owners in the
aforementioned minor subdivisions as enforced by the
covenents.
Item 10.
Mountain View Estates 1 and Mountain View Estates 2 are
not part of a minor subdivision previously approved by Weld
County.
Item 11.
There will be no on-street parking in the minor
subdivision and "No Parking - Fire Lane" signs approved by
the Berthoud Fire District will be posted every 250 '
beginning at entrance to the subdivision.
Item 12 .
The access to Colorado State Highway 60 from Mountain
View Estates 1 and Mountain View Estates 2 will be
accomplished by an existing access point to Colorado State
Highway 60.
Item 13 .
Ingress and egress to all lots within Mountain View
Estates 1 and Mountain View Estates 2 will be to an internal
road circulation system.
Item 14 .
As indicated in the attached Drainage Report,
stormwater detention will not be required. -The proposed
borrow ditch will be designed and constructed to function
adequately.
Item 15.
All lots within the minor subdivision will be at least
2. 5 acres.
940393 3
3
Item 16.
The maximum number of lots within the minor subdivision
will not exceed six.
Item 17 .
The proposed minor subdivision will not cause an
unreasonable burden on the ability of local governments or
districts to provide fire and police protection, and other
services. Please refer to the responses from the Town of
Loveland, Berthoud Fire District and Weld County Sheriff' s
Department.
Item 18.
Please see the attached title commitment dated October
7, 1993 and the November 12, 1993 endorsement reaffirming
their commitment.
Item 19 .
The proposed use for the minor subdivision will be that
of single family residential housing with minor agricultural
use.
Item 20.
The items of concern expressed during the minor
subdivision sketch and our responses are as follows:
March 8, 1993 Letter from Thompson School District.
The District requests a pull-off from the highway, but
the Colorado State Highway Department will not allow it.
They did not want the maintenance of a highway pull-off and
feel it is less dangerous to have the bus stop in the lane
of traffic so that it is noticed by the oncoming traffic.
Therefore, the bus would either have to stop across the
entrance to the subdivision or enter the subdivision and
turn around at the cul-de-sac. A bus waiting area with a
shelter will be provided on the west side of Mountain View
Lane at a safe distance from the access to Colorado Highway
60.
March 5, 1993 Letter' from Berthoud Fire Protection
District.
1. "No Parking-Fire lane" signs approved by the Berthoud
Fire Protection District will be posted every 250 ' beginning
at the entrance to the subdivision.
2. The road design is compatible with the Fire District
requirements.
940303
4
3 . All residential structures will be within 500 feet of a
fire hydrant. An additional fire hydrant has been added
since the time of the Sketch Plan submittal . The fire
hydrant locations are shown on the Road Plan and Profile
drawing. A building envelope is required for Lot 1
+of Mountain View Estates 2 and is shown on the Final Plat.
March 3, 1993 Letter from the Consolidated Home Supply Ditch
and Reservoir Company.
The signed agreement and 'easement for the right-of-way
are included in the final plat submittal. The agreement and
our covenants cover all concerns in their letter.
March 14, 1993 letters from Dennis Kuehl, Tom Frink and
Julie Frink, (Identical letters signed) .
1. The 2 1/2 acre proposed lots are compatible with the
surrounding area and are designed for agricultural use of
irrigation. Mountain View 1 and 2 constitute a 25 acre
narrow strip in the middle of an 80 acre parcel that was
divided in the 1970 's into 7 varying. sized lots including
this 25 acre strip. The 2 1/2 acre lot size was, chosen at
the recommendation of the Weld County Planning Department.
Mountain View 1 and 2 will actually bring this ground into
compatibility with the surrounding rural residential
neighborhood.
2 . The Little Thompson Water District has affirmed that
there is adequate water for both domestic use and fire
protection. They have a 10" waterline to serve this
property which is one of their main lines. •
. 3 . The percolation tests were adequate for septic systems
that will comply with the Individual Sewage Disposal System
Regulations as prepared by Weld .County Health Department.
4. As described in CDS Engineering's letter dated July 6,
1993 , this parcel is no longer economically or logistically
feasible to farm.
5. All of the above parties stated they choose not to live
close- to a high- growth- area,- and-yet they chose to live on
subdivided rural ground. This subdivision will simply
finalize this rural subdivision and the covenants state that
the lots may not be further divided.
Summary - .We do not find valid concerns that we can correct
or address.
5
May 14, 1993 letter from Lawrence and Mary Starck.
Please see the responses above. The points made were
identical with the exception of the following:
2. Transportation and traffic problems - The Colorado
Department of Transportation has granted an access permit
and has not expressed concern.
3 . Leapfrog development - This subdivision is in the
middle of and within 1 mile of similar developments and
within three miles of existing Loveland City Limits. The
author of this letter is living on part of the subdivision
of the original 80 acre farm that occurred in the 1970 ' s.
5. Zoning - This subdivision will comply with all
requirements of the minor subdivision in agricultural
zoning.
6. Telephone - Telephone service is available from U.S.
West Communications.
7 .. Environmental Issues - This subdivision meets all of
the recommendations of the Weld County Environmental Health
Department. Environmental concerns are enforceable through
the covenants. •
9. Drainage - Please refer to the Drainage Study performed
by CDS Engineering.
10. Noise - The covenants address the prevention of noise
problems.
•
May 17, 1993 Letter from Don and Valeria Brehm
1. The Brehms live almost a quarter mile away and
shouldn't have a problem with children from these
properties. However, trespassing by anyone would be an
enforceable violation.
2. There have always been children living near the Home
Supply Ditch and caution is always necessary. We will post
"No Trespassing" and warning signs along the ditch easement
to warn homeowners. We will also be installing a chain link
fence along the easement on the one narrow end of Mountain
View 2 that the ditch crosses.
3 . The problems with aerial spraying are already present.
There. are 14 homes within 1/4 mile of this proposed
subdivision and one of the reasons we can no longer farm
this property is due to problems with spraying in the midst
of the existing homesites.
9403p3i,
6
4 . As explained in the July 6, 1993 , letter from CDS
Engineering, it is no longer economically or logistically
feasible to farm this 25 acre strip located in the midst of
rural residential properties.
5. This subdivision will not change the character of the
surrounding community and should not change the tax base of
anything except for the property it is located on.
Summary - Other than fencing and posting the warning signs
along the ditch, we do not find valid concerns that we can
correct.
•
May 13, 1993 Letter from Mike and Valerie McEntee
1. Mountain View 1 and 2 cover a 25 acre narrow strip in
the middle of a subdivision on 80 acres that occurred in the
1970 's. It is no longer feasible to farm it due to the
residential development around it. This already is a rural
subdivision with a narrow 25 acre strip of cropland in the
middle. Please refer to CDS Engineering's letter dated July
6, 1993 .
2. "Inadequate domestic water supply" - Please refer to
the commitment letter from Little Thompson Water District.
3. "Poor perculation of septics" - Please refer to
engineering statement dated 2/9/93 regarding adequate
percolation to meet the Individual Sewage Disposal System
Regulations as prepared by the Weld County Health
Department.
4 . "The existing irrigation system will surely not survive
such a change" - The lots are all planned to be compatible
with existing irrigation patterns. The irrigation demands
have been difficult to organize to this point because of the
conflict between crop requirements on the 25 acres and rural
residential pastures on the rest of the 80 acres coming out
of the same outlet from the Home Supply Ditch. Once this 25
acres is turned into pasture along with the surrounding
rural residential properties, irrigation cooperation will be
much easier.
March 16, 1993 Memorandum from Weld County Engineering, Drew
Schelfinga
The submittal of Mountain View Estates 1 and Mountain
View Estates 2 as two separate minor subdivisions was a
result of the 1974 recorded exemption that divides the site
into two separate parcels and was also recommended by the
Weld County Department of Planning Services.
940 393
7
A traffic study was performed for the development of
this site and the Colorado Department of Transportation
issued an access permit without requiring the construction
of turning lanes.
The Road Plan and Profile drawing and the Final Plat
both indicate a 24 foot wide roadway to be constructed
inside two existing access easements having a total easement
width of 60 feet. This design will supply enough room for
road maintenance. The geometry and easements are also shown
on the Final Plat and Road Plan and Profile drawing.
An 18" diameter culvert will be installed at each
driveway. This is shown on the Road Plan and Profile
drawing.
The comments regarding stormwater runoff are addressed
in the Final Drainage Report included in this submittal.
March 8, 1993 Memorandum from John S. Pickle, Weld County
Environmental Health Department.
Condition numbers 1 and 2 from the above letter are
addressed in the covenants for the Minor Subdivision.
Individual septic systems will be designed according to the
Weld County Individual Sewage. Disposal Regulations for each
•
residence. Water supply for this development will be
provided by the Little Thompson Water District.
April 5, 1993 Letter from Jeffrey L. Hynes, Colorado
Geological Survey
As noted in the Geology Report, no hazardous soils or
topographical conditions exist within the site and
engineered foundation plans will be required for all
construction on this site.
Item 21.
The total number of lots proposed for Mountain View
Estate 2 is 5.
Item 22.
The minor subdivision road circulation system consists
of a single road with access to Colorado State Highway 60
and a cul-de-sac at end. The road is 24 feet wide with a 4"
gravel surface and 6" of pit run. The borrow ditch will
have 4 (H) : 1 (V) side slopes with a depth of 1.5 feet and a
longitudinal slope of 0. 6%. There will be no on-street
parking within the minor subdivision.
•
94033
8
Item 23 .
There will not be a school site, open space or park
within the minor subdivision.
Item 24 .
The applicant of this minor subdivision is not
dedicating land for schools, parks or other.
Item 25.
The Little Thompson Water District has committed to
serving the minor subdivision's water supply needs. Please
refer to the attached commitment letter dated February 6,
1993 and extension dated November 9, 1993 .
Item 26.
For each lot in the proposed minor subdivision a septic
system will be designed to handle an average flow of 265 gpd
with a maximum flow being 150% of the average flow. The
design of the septic systems will follow the criteria and
guidelines set forth in the Individual Sewage Disposal
Regulations, as prepared by Weld County Health Department.
Please refer to the attached engineer's statement dated
2/9/93 .
•
Item 27.
Please refer to the attached letters from Poudre Valley
REA, Public Service Company of Colorado and the Little
Thompson Water District.
Item 28 .
The list of covenants for the minor subdivision is
attached. All easements within the minor subdivision are
shown on the Final Plat. The easements are as follows: 25
foot postal, utilities, tailwater and drainage easement; 20
foot tailwater and drainage easement; 60 foot subdivision
shared access easement; 100 foot access easement being 50
feet each side of the centerline of the Lake Ditch; 100 foot
access easement being 50 feet each side of the centerline of
the Consolidated Home Supply Ditch. A building envelope is
required for Lot 1 Mountain View Estates 2 so that all
residential structures will be within 500 feet of a fire
hydrant. No buildings or trees shall be located within the
future reserved right-of-way in Lot 1 Mountain View Estates
1. The building envelope and easements are shown on the
Final Plat.
Item 29. •
The proposed minor subdivision requires an access
permit because the existing access point to State Highway 60
will change in classification with this development. . Please
see the attached CDOT access permit.
940313
9
Item 30.
Please see the attached ditch company agreement.
Item 31.
Please see the attached access easement letter from
Scott' s dated March 24 , 1974 .
Item 32 .
No subdivision improvement agreements were proposed by
the Planning Department. If required, such improvement
agreements will be addressed.
Item• 33 .
No offsite road improvement agreements have been made
for this minor subdivision.
•
Item 34.
Please see the attached Final Drainage Report for
Mountain View Estates 1 and Mountain View Estates. 2.
Item 35.
The certified list of names, addresses and parcel
identification number is attached dated 10/26/93 .
Item 36.
Ivar and Donna Larson own the mineral rights within the
boundary of the minor subdivision and these rights are not
leased. Please refer to the attached Affidavit of Interest
Owners - Minerals and/or Subsurface Estate. '
Item 37.
An erosion control plan was not required as a result of
the minor subdivision sketch plan.
Item 38 .
Please seethe attached road plan and profile drawing
and estimation of construction_costs.
Item 39.
The paid tax receipt from the County Treasurer is
attached.
Item 40.
No public dedications are a result of this minor
subdivision.
Item 41.
Please see the attached warranty deed.
9403°
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---- -----_-- Monnurenl
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('OIINI'1'S&k '--INDEX RUE. NO,Z=7
—
Urinal' L. be tiled by Index Releience Number,
mmnerirall\•, then alphnbeliralls, limier appro. I. SI'.('.____,__,__.
priule 'I'ownr:hip, It:ngp•, and Meridian. (' )11NIl' INDI!X HIT. NO.
Perm n v "1,l,n ,i ni i1 i ',r A.p n.,... 940)( 3
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LITTLE THOMPSON WATER ..[STRICT
DIRECTORS: Telephone 532-2096
Glenn W.Gibson November 9 1993 307 Welch Avenue
President r Drawer G
Leo BUN Berthoud.Colorado 80513
Kenn Croonaoht
Torn Reynolds
Osten AndenOn
Caney J.Salomonson
Jelnp W.Stroh
MANAGER:
Richard H.H.Whine!
Mr. Ivar Larson
925 North County Line Road
Berthoud, Colorado 80513
Re: Service Commitment
Dear Mr. Larson;
This letter supersedes our letter to you of February 6, 1993
in which we made a formal commitment for service to the property
described as follows:
Property located in the NE 1/4 of Section 5, Township 4N,
Range 68 West of the 6th Principal Meridian in Weld
County, Colorado. It is proposed that the existing parcel
be divided into 9 lots of approximately 2.3 acres each,
for residential use.
The request is for nine (9) standard 5/8" X 3/4" residential
water taps (one per lot) .
We currently have a 10" diameter water line located along the
south side of State Hiahwav 60 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions:
1. A line extension will be required to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2 . All other improvements to District facilities required
to provide service will be the financial responsibility
of the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications.
940393
November 9 , 1993
page two
3 . There is a $2 , 000. 00 fee for each fire hydrant placed
on the District's system. This fee is due prior to the
beginning of any construction.
This letter is intended to update the previous commitment
issued on February 6, 1993 , and extend the expiration date to
November 8, 1994 . This commitment will expire one year from the
date of this letter if the taps have not been purchased and
installed by that date.
The current fee for the above described water tap(s) is
$4 , 000. 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office.
caBest Re ard�1s/,,
c;Barry
Opera ions Manager
' LITTLE r IONIPSON WATER E ,TRICT
D:o ECTD P5: Telephone S32-2096
CJ.n,.W mi"on February 6 , 1993 307 welch Avenue
Drawer G
ereveeLeo BOW Berthoud. Colorado 6053
Kenn Croonpyul
Tom Aeynoloa
Dean Anderson
Carey J.Selomonson
James W.Stroh
•
MAVAGER:
P,C.re M.H Wnil:et
Mr. Ivar Larson
925 North County Line Road
Berthoud, Colorado 80513
Re: Service Co—nitment
Dear Mr. Larson;
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water service to
property described as follows :
•
Property located in the NE 1/4 of Section 5 ,
Township 4N, Range 68 West of the 6th
Principal Meridian in Weld County, Colorado.
It is proposed that the existing parcel be
divided into 10 lots of approximately 2 . 3
acres each, for residential use.
The request is for ten (10) standard 5/8" X 3/4" residential
water taps (one per lot) .
We currently have a 10" diameter water line located along the
south side of State Hichwav 60 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions :
•
1. A line extension will be necessary to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2 . All other improvements to District facilities required
to provide service will be the financial responsibility
of the developer in accordance with District Rules and
Regulations . All . _improvements must conform to District
Specifications .
3 . There is a $2 , 000 . 00 fee for each fire hydrant placed
on the District' s system. This fee is due prior to the
beginning of any construction.
9jf T
February 6, 1993
page two
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date.
The current fee for the above described water tap (s) is
$4 , 000 . 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office .
Best Re ar\ds,
cc- ) c/-{
Barmy es
Operations Manager
k
February 9 , 1993 -
Weld County Planning Dept.
1400 N. 17th Ave
Greeley, CO 80631
RE: NE 1/4 , SECTION 5, TOWNSHIP 4 NORTH, RANGE 63 WEST,
COUNTY OF WELD
Dear Sir/ Madam
As requested, percolation tests were performed on the soil
of said property. The results from this test were found to
be within acceptable limits set fo- rth by Weld County.
:tva . _ Larson, PE
.
940,'.7•
ENGINEERING GEOLOGY REPORT
FOR
MOUNTAIN VIEW ESTATES II,
WELD COUNTY, COLORADO
CDS ENGINEERING CORPORATION
LOVELAND, COLORADO
PROJECT NUMBER
93-7489
FEBRUARY 17, 1993
940.393
1
SCOPE
This report presents geologic data, interpretation, and
evaluation which pertains to the development of the proposed
Mountain View Estates II in Weld County, Colorado. Mountain View
Estates II is a proposed approximately fifteen (15±) acre
development on a parcel of land located east of the Town of
Campion, Lariner County, Colorado. More particularly, the site
is located in the northeast 1/4 of Section 5 , Township 4 North,
Range 68 West of the 6th P.M. , Weld County, Colorado.
The intent of this subdivision is to provide lots for
residential development with limited agricultural use.
SITE INVESTIGATION
This investigation was carried out by means of site
inspection by the author of this report and information obtained
from the Soil Survey of Weld County, Colorado; Southern Part by
the U.S . D.A. Soil Conservation Service, the Potentially Swelling
Soil land Rock in the Front Ranae Corridor, Colorado by the
Colorado Geological Survey and Guidelines and Criteria for
Identification and Land-Use Controls of Geologic Hazard and
Mineral Resource Areas by the Colorado Geological Survey.
940,3,93
2
GEOLOGY
Regional and Local Setting
The site lies in the Colorado Piedmont Section of the
Great Plains Physiographic Province. The Colorado Piedmont
is an elongated trough in the Great Plains, adjacent to the
Front Range of the southern Rockies . The Colorado Piedmont
was formed when uplift of the area in Miocene-Eocene times
(20-50 million years ago) produced an increase of stream
erosion resulting in scouring next to the foothills and
outlying areas . The Piedmont is bordered by the southern
- Rockies to the west, Great Plains escarpment to the
northeast, and Palmer Divide to the south.
Structurally, the site lies on the western edge of the
Denver Basin, a thick accumulation of sediments involved
with downwarping in the basin area and uplift of the
adjacent highland areas in late Cretaceous and early
Cenozoic. Small anticlinal folds occur adjacent to the
Front Range in the sedimentary rocks and are conducive to
the accumulation of oil and gas deposits. The closest known
faults to the site are the Thompson Canyon Fault and Milner
Mountain Fault, which are approximately 10 miles to the
northwest. Both faults are believed to be inactive since no
recent records of fault movement or earthquakes exist.
Slopes at the site are gentle with drainage generally
flowing to the northeast with a maximum slope of
approximately two percent (2%) . The existing soils show a
moderate swell potential with no existing radiation hazards.
9403'13
3
Potential Geologic Hazards
Geologic hazards caused by gravity, such as landslides,
rockfall , mud and debris flows, and snow avalanches, are not
anticipated in the present state of the site. Utility
trenches may require shoring or bracing in order to create
safe working conditions during construction.
The SCS described the soils at the site as 1) Nunn Clay
Loam, and 2) Wiley-Colby Complex. These soils are described
by the SCS as having 0 to 2 percent slopes suited for
irrigated farm land or dryland pasture.
The soils, which are to support foundations, are strong
enough to support the foundation loads. Each building site
should have a complete geotechnical investigation and
engineered foundation so as to minimize the effects of
structures on the clay soils.
GROUNDWATER RESOURCES
Potable water is to be supplied by the Little Thompson
Valley Water District. Shallow groundwater at the site should
not be used as potable water, but may be used for irrigation
water pending acceptable water tests and well permits.
SUMMARY, CONCLUSIONS , AND RECOMMENDATIONS
Potential hazards can be minimized or eliminated by 1) a
geotechnical investigation being performed for each lot to
determine the recommended bearing capacities, and following the
94039,3
4
recommendations in the report, 2) an engineered foundation for
each structure, and 3) construction performed as per the existing
codes and regulations.
Based on the data mentioned in this report, we feel that the
site is suitable for the proposed Mountain View Estates II
provided the recommendations in this report are met.
9403f!3
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
as CC
Department of Natural Resources to
, ,!:sSs: c
1313 Sherman Street. Rr. 715 1 : .V.
Denver. Coioraco 60203 �e•
Phone 303} 866-2_611
FAX 303.866-2115
Row Rome
Governor
Ken Salazar
Executive Director
Wm.-Par Rogers
April 6, 1993 Acting Director e
State Geologist
WE-93-0005
Ms. Nancy L Kirkley
Department of Planning Services
1400 N. 17th Avenue
Greeley CO 80631
Re: Mountain View Estates #2
Dear Ms. Kirkley:
We have completed our review of the materials submitted in support of the above
subdivision request.
The only geology-related problems associated with this proposal are potentially swelling
soils, localized high ground water and radon accumulation.
The swelling soils and high water table problems can be adequately addressed by proper
design and construction techniques as recommended by Mr. John Donnelly.
The potential for radon accumulation can be mitigated by the installation of the passive
portions of a subgrade ventilation system which can then be "hooked-up" if needed.
Yours very truly,
Jeffrey L Hynes
Senior Engineering Geologist
JH:B:\gs II, APR 0 a 1993
451 vgn;0
34031:3
FINAL DRAINAGE REPORT
FOR
MOUNTAIN VIEW ESTATES 1
AND
MOUNTAIN VIEW ESTATES 2
A. Location
The site is located in the Northeast One-quarter of Section
5, T. 4N. , R. 68W. of the 6th Principal Meridian. In more
general terms, the site is located approximately 3 miles east of
Campion on Colorado State Highway 60. This information can be
seen on "Exhibit 1" , entitled Vicinity Map.
B. Existing Conditions
The site is approximately 25 acres with average ground
slopes of of 1%. The land generally slopes in a northeasterly
direction and the site is presently used for agricultural
purposes. The Home Supply Ditch and the Lake Ditch cross the
southern most portion of the site, (see Exhibit 2, entitled
"Drainage Plan") . An existing 15 foot gravel road abuts the site
to the east.
9403'13
C. Proposed Development
The proposed development of this site consists of creating
two minor subdivisions, Mountain View Estates 1 and Mountain View
Estates 2 , with a combined total of 9 lots.
A private 24 foot wide gravel access road will be
constructed along the east boundary of the site. A borrow ditch
is proposed to be located along the west side of the access road
carrying stormwater runoff from the south to the north and
outletting to the existing Colorado State Highway 60 roadside
ditch. This borrow ditch will intercept overland . stormwater flow
which presently is conveyed to Highway 60 by the adjacent 15 foot
gravel road to the east.
The proposed development will be that of single family
residences with light agricultural use.
D. Design Methodology
The Rational Method was used to determine the pre-
-
development and post-developed runoff peaks for the 10 year and
100 year events. A weighted average relationship was used to
determine the post-developed runoff coefficient. No off-site
flows crossing the proposed two subdivisions were considered in
this report as these will be intercepted and conveyed to Highway
60 by an irrigation ditch along the west property line of the
subdivisions. This report follows the criteria set forth in the
Larimer County Stormwater Management Manual.
940393 !
E. Results
For the existing conditions, the runoff coefficient was
determined to be 0 . 30 . For the proposed conditions a composite
runoff coefficient was determined to be 0. 33 . This slight
increase in the runoff coefficient will result in a slight
increase in the peak runoff rates. This information is
summarized below in Table 1.
Table 1
C Q(10) Q(100)
Existing Conditions 0. 30 17. 5cfs 36. lcfs
Proposed Conditions 0 . 33 20. lcfs 40 . 7cfs
E. Conclusions and Recommendations
Based on the above it is proposed that, due to the small
increase in peak runoff, stormwater detention is not required. A
borrow ditch is to be constructed along the west side of the
minor subdivision roadway. This borrow ditch is to be 1.5 feet
deep, 4 : 1 side slopes and at a slope greater than or equal to
1. 0%. It is proposed that the borrow ditch will carry stormwater
in a northernly direction to the existing roadside ditch along
State Highway 60.
940:91
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9403,T).3
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940;3;13
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VELOCITY 1#-- FEET/ SECOND
Figure 4.4.1.4-I AVERAGE VELOCITIES FOR ESTIMATING TRAVEL
TIME FOR OVERLAND FLOW. -
(From : USDA, Soil Conservation Service, 1977)
4.4----14
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940303
14
4---
(-r) ?larch 5 , 1993
Q Department of Planning Services
Weld County Administrative Offices
1400 N . 17th Avenue
Greeley, Colorado 80631
CRe : Mountain View Estates #1 and #2 , Case =S-330
ODear County Planner :
4--- The Berthoud Fire Protection District has completed its review of
the plans submitted for the above minor subdivisions .
VWith a 24 ' access roadway the minimum access width of 20 ' is met ,
��//S however the District will require the posting of "No Parking Fire
Lane" signs to assure apparatus access . Signs shall be approved by
4- the District prior to installation and shall be posted every 250 '
Obeginning at the entrance of the subdivision .
0 The District requires that the access road be an all weather
driving surface capable of supporting fire apparatus and meet the
n� design criteria of Weld County.
L�L Regarding fire protection a minimum of 500 gallons per minute is
required for single family subdivisions . The water supply line
must be a minimum of 6" in diameter and oversized to a minimum of
1.... 8" o# dead end lines over 300 ' in length.
• ...... The policy of this jurisdiction requires that all residential
I 'W structures be within 500 feet of a fire hydrant . This may require
building envelopes because of lot sizes . Also fire hydrants must
be within 1 , 000 feet of each other .
7::) It appears that Lot 3 of Mountain View Estates #1 will require a
J building envelope as does Lot 2 of Mountain View Estates #2 .
DI have enclosed a copy of the District ' s access and fire protection
O specification policies . The type of hydrants and other related
requirements are outlined .
Sincerely,
4.-- X 5O/GEvU C G../..
t Stephen Charles , Berthoud Fire Protection District Ch'g e4
cc : Ivar W. Larson fI II
C: :.)
925 N. County Line Road , Route 1 ly MAR 0 9 1993 U
Berthoud , CO 80513
- .4..ntnnr;.-
Box 570, 275 Mountain Ave., Berthoud, Colorado 80513
9103,?
rall
I if-6
T , DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353x845, EYT. 3540
WELD COUNTY A.^.!.11N ADMINISTRATIVE OFFICES
11
Ce
1400 N. 17TH AYENUr.
GREELEY, COLORADO 80631
COLORADO
February 24, 1993 CASE NUMBER: S-331
} TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar Larson/Mountain View Estates #2 for a Minor
Subdivision. The parcel of land is described as Lot B of RE-126, part of the NE4
of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of
the parcel of land for which this application has been submitted is the south
side of Highway 60, approximately 800 feet west of Weld County Road 5.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this. request would be appreciated.
j Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by March
10, 1993 , so that we may give full consideration to your recommendation. Please
call Nancy L. Kirkley, 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 eas : fer to the enclosed letter.
Signed: a en Agency: /5 ( FIC
1cv.*
Date: S�93 dill�i?r')r`11ViMii
tM091993 _
1
�I 4.-_:-
,„,.. _�.rn.nnir-
940 0,
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
November 12, 1993 ORDER NO. 93002447
RE:
LARSON/TBD
IVAR AND DONNA LARSON
925 N COUNTY LINE ROAD, RTE 1
BERTHOUD, CO 80513
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment _
Endorsement XX_
Policy
Tax Certificate _
Foreclosure Certificate
Other
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call WAYNE CRAVEN at (303) 352-4571.
940303
ENDORSEMENT TO TITLE COMMITMENT
ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY.
DATE: November 12, 1993
ORDER NUMBER: 93002447
SELLER: LARSON
BUYER: TBD
ADDRESS:
ENDORSEMENT NO. 1:
SCHEDULE A is hereby amended as follows:
ITE.R 1: NOVEMBER 9, 1993 AT 7:45 A.M.
This endorsement is made a part of said commitment and is subject to the
schedules, conditions and stipulations therein, except as modified by
the provisions hereof.
Nothing herein contained shall be construed as extending or changing the
effective date of said commitment unless otherwise expressly stated.
Signed under seal for the Company, but this endorsement is to be valid
only when it bears an authorized countersignature.
Carloss Morris Stewart Morris
Chairman President
Countersigned:
BY: WAY E.
AUTH0RI7ED OUNTERSIGNATURE"
940303
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
October 07, 1993 ORDER NO. 93002447
RE:
LARSON/TBD
IVAR AND DONNA LARSON
925 N COUNTY LINE ROAD, RTE 1
BERTHOUD, CO 80513
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment _XX_
Endorsement
Policy
Tax Certificate _
Foreclosure Certificate _
Other _
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call DAN at (303) 352-4571.
940303
Amet man Land Title Association Commitment- Mntlified 10/73
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
•
STEWART TITLE
GUARANTY COMPANY
STEVVART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
•• failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent.
• IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to •
• become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date."
STEWVr1RT TITLE •
GUARANTY COMPANY
‘0"1'0.:.‘A
LE 9'a j4,./"
Chair an o h BoarCou
'Q X034
_�,_rTo
3 :.c: President
�ns 190a :o
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- rnaarxn
A t sized Sig atory i
Company
City,State
f-=
_. Serial No. C-1601 - 2 it ^ 4.Z
165 .-.
340303
SCHEDULE A
ORDER NUMBER: 93002447 COMMITMENT NUMBER: N/A
1. EFFECTIVE DATE: September 08, 1993 at 7:45 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TBD
PROPOSED INSURED: TBD
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
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:
IVAN W. LARSON AND DONNA M. LARSON
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
LOTS A AND B OF RECORDED EXEMPTION NO. RE 126 RECORDED APRIL 8,
1974 IN BOOK 712 AT RECEPTION NO. 1633663, LOCATED IN THE NE 1/4
OP SEC. 5, T4N, R68W OF THE 6TH P.M. , WELD CO. , COLO.
OWNERS: $ 122.00
"If Closing Services have been requested, there will be an
additional charge."
Policy or Policies committed to be issued hereunder are ALTA
Owner and/or Loan Policy - (4-6-90) .
STEWART TITLE ANI GREEN IELD
OF GREELEY, INC.
916 10th Street A RZZED /
Greeley, Colorado 80631 COUNTERSIGNATURE
Phone No. (303) 352-4571
Fax No. (303) 352-1815
940303
SCHEDULE B - SECTION 1
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A
LATER DATE
2. NOTE: "The COMPANY reserves the right to make any additional
REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any
subsequent ENDORSEMENTS thereto, once the NAME(S) of the
INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED"
940303
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
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
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
NOTE: "MECHANIC'S LIEN" AND/OR "GAP" PROTECTION (EXCEPTIONS 4
AND 5 ABOVE) MAY BE AVAILABLE WITH AN OWNER'S POLICY OF TITLE
INSURANCE ON RESIDENTIAL PROPERTY UPON COMPLIANCE WITH STEWART
TITLE OF WELD COUNTY'S REQUIREMENTS. PLEASE rlTj FOR FURTHER
INFORMATION AS TO THOSE SPECIFIC REQUIREMENT(S) NECESSARY TO
OBTAIN THIS COVERAGE.
7. Any and all unpaid taxes, assessments and unredeemed tax
sales.
8. DITCH EASEMENT FOR CONSOLIDATED HOME SUPPLY DITCH AND
RESERVIOR COMPANY AND THE HANDY DITCH COMPANY.
9. DITCH EASEMENT SAS SET FORTH IN DEED RECORDED OCTOBER 9, 1970
IN BOOK 634 AT RECEPTION NO. 1555902.
10. EASEMENT FOR ROADS AND UTILITIES AS GRANTED BY INSTRUMENT
RECORDED MAY 19, 1982 IN BOOK 968 AT RECEPTION NO. 1892123.
11. EASEMENTS AS SET FORTH ON EXEMPTION PLAT RECORDED APRIL 4,
1974 IN BOOK 712 AT RECEPTION NO. 1633663.
Continued on next page
940303
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
12. TERMS, CONDITIONS AND PROVISIONS OF COURT ORDER RECORDED
DECEMBER 20, 1982 IN BOOK 984 AT RECEPTION NO. 1911971.
940303
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse _claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STEWVART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
Page 5
940303
R2-J
HOMPSON SCHOOL DISTRICT
535 N. Douglas Avenue
Loveland , Colorado Loveland. Co!oraco 8053%
(303) 669-3940
March 8 , 1993 PLANNING DEPARTMENT
Florence Brown, Planning Spec.
ATTN: Case # S330 & 331
Weld County Dept. of Planning Services
1400 N 17th Ave.
Greeley, Colo. 80631
RESPONSE TO: Mountain View Estates 1 & 2 Development
According to the information received, this development lies in the following
current school attendance areas:
Winona Elementary - Capacity: 382 Fall '92 Enrollment: 257
Bill Reed Middle School - Capacity: Fall '92 Enrollment: 941
Thompson Valley High School - Capacity: Fall '92 Enrollment: 1395
The development of 9 single family homes, 0 units of 2-5, and 0 multi-family
units, can be estimated to generate 2 elementary students, 1 middle school
student and 2 high school students. Elementary space should be adequate; middle
and high schools can be expected to be crowded. The district currently has no
plans for additional construction of facilities at these levels.
Due to the high level of development activity throughout the district, attendance
areas cannot be guaranteed beyond the current year.
This development will require bussing for elementary, middle and high school
students (grades 9 & 10 only) . Buses will not enter the subdivision and a safe
pull-off from the highway should be provided adjacent to the entryway. The
District requests that adequate walkways be provided within the subdivision and
that a safe bus waiting area with shelter for at least 2 students be provided.
The District requests fees in lieu of land dedication for this development.
c. Ivar W. Larson
925 N County Line Rd
RTE 1
Berthoud CO 80513
M4Rf0 1993
••-'41.01
•anninf"
940303
9.9A� 4/
RANDOLPH
ATTD W.NET STARR. P. C.T LAW C,S�Se?tit,
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P. C. BOx 642 `CC gas
LOVELAND. COLORADO BO539 61°5.1
Marcli 3 , 199-: cpAX 303.659-3841
(3O3) 667-1°29
RANDOLPH W. STARR ROBERT C. CH Ri5 TENSEN
CF CO l
Ms. Nancy L. Kirkley �G�—\V y�
Weld County Planning Services 4 II'
Weld County Administrative Offices MAR 4 1993
1400 N. 17th Avenue
Greeley, Colorado 80631 a� m,w�ir�
Re: Mountain Vie.: Estates #1 (S-330) and Mountain View
Estates #2 (S-331)
Comments of Consolidated Home Supply Ditch and
Reservoir Company
Dear Ms. Kirkley:
The following are comments of the Consolidated Home Supply
Ditch and Reservoir Company (the Company) with respect to the above
subdivision proposal.
1. The Company requires that an agreement be entered into
between the Company and all of the property owners (and all
lienholders) setting forth the provisions that are discussed in
this letter. The execution and recording of this agreement must be
a condition of approval of this development by the County. A blank
form of the agreement is enclosed with this letter.
2 . The Company has an easement for its ditch system across
the property which is included within the development. Although
the Company has not had its ditch system surveyed in this area, the
Company has identified an easement width as 100 feet, being 50 feet
on each side of the center line. The plat of the subdivision does
not show an easement width, and the plat should be amended to show
the Company's easement width correctly. Additional easement area
is necessary for structures such as lateral ditches used to
irrigate the subdivision property and other property in the area,
checks, headgates and access easements. The plat erroneously shows
the location of certain lateral ditches. The plat should be
corrected to show the actual location of the lateral ditches, and
an easement width should_be..shown for each lateral. The Company's
ditch road is not shown on the plat. Apparently the road may exist
on adjoining property. The plat should be amended to show the
actual location of the ditch right of way south of the subject
property and show the actual location of the ditch and ditch
company road on the adjoining property so the Company can assess
the impact of this development on its facilities.
3 . The subdivision apparently shows no crossing over the
940303
Ms . Nancy L. Kirkley -2- March 3 , 1993
ditch of the Company. If a crossing would be necessary, the
Company would require that no crossing of its ditches will be
allowed without the prior written approval of the Company. In that
event the design and construction of any bridges, pipes, or other
structures within the ditch company' s easement must be approved by
the Company before installation. Generally the criteria of the
Company for a ditch crossing for a road would be that the crossing
be of concrete, not metal or other pipe, that appropriate wing
walls and bridge deck height be designed and that all plans be
submitted by the Company to its engineer and that the developer pay
all costs of the Company incurred with respect to the proposal.
The cost may also include board of director meeting fees and costs,
attorney fees, costs of additional easements, and surveying expense
with regard to the proposal. A written agreement would be required
to be entered into between the owners of the property and the
Company with respect to maintenance and upkeep of the easement and
the crossing facilities.
4 . The Company has the authority to cut and remove trees
within its right of way and the Company wants the applicant to
acknowledge that the Company will, at an appropriate time, remove
any and all such trees on the applicant' s property. The Company
wants the applicant to acknowledge that the applicant may not plant
or otherwise landscape the ditch right of way. The Company also
has the authority to install and maintain a road along each ditch
bank for its purposes.
5 . The applicant must not place any fence within the right
of way, and particularly across the right of way; and the applicant
should agree not to install any gates or fences near the ditch
company right of way without the prior written approval of the
Company. Any fences approved by the Company along the ditch
easement must be stock-proof to prevent damage by livestock and
other sources to the ditch. There will not be permitted any
livestock watering in the ditch. A chain link type fence should be
constructed along the boundary of the Company's easement.
6. The Company would identify to the applicant and the
county that there may be subsurface waters that arise in the area
of this development and that there are periods of time when, due to
water flowing within the ditch system and otherwise, that portions
of the property receive significant amounts of subsurface water
that is very near to the surface, or resides on the surface. Due
to this problem, the utility of certain portions of the property
for construction of structures could potentially be unavailable.
The Company has no plans to alter its operations as it would cure
this surface and subsurface water issue.
7 . The Company wants the applicant to agree that all earth
moving and landscaping shall be accomplished so that all return
flow and waste water from irrigation will return to the ditch. The
applicant should acknowledge that historic irrigation patterns
940303
Ms. Nancy L. Kirkley -3- March 3 , 1993
should be maintained on the property so that there are no changes
in the operation of the Company's facilities .
8 . The applicant should be required to maintain the existing
irrigation patterns so that the quality of water entering the ditch
from irrigation and from precipitation and other sources be
maintained, and so that there is no change in point or type of
drainage into the ditches that will occur. The applicant should be
required to monitor and identify any pollutants or other hazardous
materials that enter the ditch and should agree to stop any such
deposit in the ditch system.
9 . The applicant should be required to agree to join a
drainage district for this area in the event of formation of such
a district.
10 . The applicant may own stock in the Consolidated Home
Supply Ditch and Reservoir Company, and may also own water through
the Northern Colorado Water Conservancy District, or otherwise.
Since the ownership of the property will be divided by the
subdivision, and since the Company's bylaws prohibit division of
its stock ownership, the Company wants the applicant to form a
property owner's association to administer the irrigation water and
stock. In this fashion, the Company would have one representative
from the owners to deal with, one person who would be responsible
for giving orders for irrigation water, and the association would
be a single entity to deal with the Company concerning stock
assessments.
11. The Applicant should acknowledge that: 1) No livestock
watering, swimming, tubing, canoeing or other use of the ditch or
water in the ditch is allowed; 2) No dumping of refuse, including
but not limited to household garbage, waste materials, grass
clippings, tree and shrub prunings, motor oil, chemicals,
pesticides or herbicides is allowed; 3) No pumps for lawn or other
irrigation are allowed in the ditch; 4) No use of the ditch
easement for hiking, biking, horseback, motorcycle, off road
vehicles or other motorized or non-motorized vehicle shall be
allowed.
If further information is needed concerning these comments
then you should contact: Mr. Delbert Heizer, Superintendent,
Consolidated Home Supply Ditch and Reservoir Company, 1650 West 8th
Street, Loveland, Colorado 80537, Telephone: 667-1934 .
' Randolph W. aStarr
RWS/srw
cc: Mr. Delbert Heizer - Home Supply
CDS Engineering - Richard Thornton
Ivar Larson chsdmtnv.let
940303
May 14 , 1993
Mr. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5, township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request is 5331 which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld County that includes
concentric growth .around existing municipalities. These two
and one half acre lots are simply incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know of the importance of this
land to agriculture. It is a high producing plot and in its
present condition could continue to be so.
Finally, I purchased land in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision.
Sincerely,
\-A.J KA-46
X0537
940303
•
May 14 , 1993
Mr. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5, township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request is*3 3l which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld \County that includes
concentric growth around existing municipalities. These two
and one half acre lots are simply (incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know ofithe importance of this
land to agriculture. It is a high producing plot and in its
present condition could continue/to be so.
Finally, I purchased land' in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision.
Sincerely, •
/-s
/7s‘ //7
1 c ros37
�OLFi�.Or[y C/��
940303
May 14 , 1993
Mr. Chuck Cunli£fe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5, township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request is *331 which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld County that includes
concentric growth around existing municipalities. These two
and one half acre lots are simply incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know of the importance of this
land to agriculture. It is a high producing plot and in its
present condition could continue/to be so.
Finally, I purchased land in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision. -
Sincerely,
Julie rink
1
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Low 2eJa
c37
940303
May 14, 1993
Mr. Chuck Cunliffe
Weld County Planning Department
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Mr. Conliffe:
Recently I received some very disturbing news. It was brought to my attention that Mr. Ivar
Larsen is requesting his twenty-five acre property be subdivided into a number of two and one
half acre lots. This plot of land is located in the northeast quarter of Section 5, township 4
north, range 68 west of the south principal meridian, Weld County. The case number for this
request if #S331.
As nearby land owners, my wife and I heartily oppose this request for a subdivision and have
listed some strong reasons for it to be denied.
1. Incompatibility with surroundings
2. Transportation and traffic problems
3. Leapfrog development
4. Inadequate sewer or water
5. Zoning
6. Telephone service
7. Environmental issues
8. Irrigation water
9. Drainage
10. Noise
When we purchased our property twenty-two years ago and started building our home, it was
our belief that Weld County's zoning and growth plan included concentrating growth around
existing municipalities. We sincerely hope that Weld County perceives agriculture and farmland
as an absolute necessity and upholds these beliefs. Please, do not let Weld County farmland be
whittled away like Larimer County. Our trust and future are in the hands of Weld County
Planning Commissioners, please do not let this request be approved.
Sincerely,
it e:cees }J 1:tal,
Lawrence H. Starck
Mary F. Starck
11 MAY 1 7 1993,�I 40303
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940303
May 13 , 1993
MR. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave .
Greely, Co. 80631
Dear Mr . Cunliffe :
This letter is a request for denial , for a subdivision
of a plot of land which is located in the north east quarter
' of Section 5 , township 4 north , range 68 west of the south
principal meridian, Weld County. The case number is #5331
applied by a Mr . Ivar Larson .
I have recently purchased the land that borders this
plot to the East , We decided to purchase property in Weld
County because of the obvious intentions of the county, to
keep subdivisions close to highly populated areas .
This area is very important to agriculture , and the
proposal for a subdivision not only puts the above mentioned
plot in jeopardy, but the surrounding properties as well , as
there is inadequate domestic water supply, poor perculation
of septics , and the existing irrigation system will surely
not survive such a change .
I can only hope that the Planning Board will continue to
preserve our agriculture lands , and disapprove this proposed
subdivision .
Sincerely,
Mike and Valerie McEntee
�� `EA
\14,O4: 4 1993 '
I
. . F.' e ptannin'
•
940303
. .
g«/ mEmORAnDUm
Cu
Wine nliffe
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To uci Date March 16 . 1993
COLORADO From Drew Scheltinga. Engineering
subjiml: Ivan Larson\'fountain View Estates *1 & *2
S-330 & S-331
I am reviewing Mountain View Estates *1 & *2 at the same time and including my comments in
the same memo.
The purpose of the minor subdivision as outlined under Sec. 4.1 of the Weld County
Subdivision Ordinance is co make the review process simpler when considering small
subdivision with a maximum of 6 lots. The submittal of Mountain View Estates #1 & *2,
having 4 and 5 lots respectively, is an obvious effort to create 9 lots and avoid the normal
subdivision process. These two platings should not be viewed separately and should be
required to be submitted as one application.
Access onto State Highway 60 will have to be reviewed by the Colorado Department of
Transportation. Considering the traffic on State Highway 60, and the traffic that would be
generated from a 9 lot subdivision, I suspect the State Highway Access Code will require the
construction of turn lanes.
The sketch plan indicates a 24' wide roadway inside a 30' dedicated right-of-way. This
leaves 3' on either side of the road which is not enough for any. kind of maintenance. The
sketch plan also indicates a 25' easement on the west side and a 30' easement on the east
side. This leaves a total corridor 90' in width. I recommend a 60' right-of-way be
provided along with the appropriate utility easements on all perimeter and lot lines as
required by the subdivision regulations. The geometry and right-of-way of the cul-de-sac
is unclear. The easements for the lake ditch and the home supply ditch should be included
on the final plat.
The road cross section supplied is adequate with the exception of the 12" culvert size. I
recommend a minimum of 18" because of maintenance problems with smaller diameter pipes . The
sizing of the ditches should be included in the final drainage report.
There is no technical or support data provided with any of the drainage information. Brief
statements are made in an effort to address the requirements of Sec. 10.11. In general, the
conclusion is there will be no change in run-off or change in existing patterns. Those
conclusions may well be correct, but prior to proceeding to final plating all maps,
computations and technical support must be provided. For example, a ditch and culverts are
planned on the west side of the road that will drain a substantial area and direct it to a
crossing under State Highway 60. The adequacy of that system and the improvements will have
to be addressed. Also, there are existing irrigation ditches that will effect the site.
The information provided in this submittal is minimal. Therefore, at the time of final
plating there may be comments on items not apparent at this time.
DS\pds:mchuck
cc: Commissioner Baxter
S - 330 & S - 331
9403p3
MA,4 l u 199
4, MEMORAnDUM _ , a
ifa
WIlD o Nancy L. Kirkley
To Weld County Planning Date March 8, 1993
COLORADO
From John S. Pickle, M.S.E.H. , Director, Environmental Health"
Subject: Case Number: S-330 Name: Larson, Ivar/Mountian View
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. Wood shavings, saw dust, and waste materials shall be handled, stored, and
disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
3. Individual sewage disposal systems are required for the proposed
facilities and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
4. The Division requires that this facility utilize existing public water
supply.
JSP/jg-437
940303 '
Poudre RE
POUDRE VALLE RURAL Valley A
ELECTRIC ASSOCIATION , INC .
4809 SOUTH COLLEGE AVE • PO. BOX 1727 FORT COLLINS • 226-1234
FORT COLLINS, COLORADO 80522-1727 FAX NO. • (303) 226-2123
February 2 , 1993
Bacon Lake Farms
Mr . Larson -
925 N County Line Road, Rte . 1
Berthoud, CO 80513
RE: NE 1/4 , SECTION 5 , TOWNSHIP 4 NORTH, RANGE 68 WEST, COUNTY OF
WELD
Dear Mr. Larson:
Poudre Valley Rural Electric Association, Inc. is ready, willing
and able to serve all electrical loads within our certificated
service territory subject to the Rules and Regulations of Poudre
Valley Rural Electric Association, Inc .
If you have any questions , please contact our office.
Sincerely,
(AAA,
Terry Willis
Senior Engineering Representative
PI
A: \TW\BACONL . AKE
GREELEY • 686-7431 LONGMONT • 776-1084 DENVER • 623-8606 1-800-432-1012
AN EQUAL OPPORTUNITY EMPLOYER 940303
O Public Service' Public Service
Company of Colorado
P. 0. Box 740
Loveland, CO 80539
February 3, 1993
•
Bacon Lake Farm
Ivir Larson
925 N. Ccun*y Lire Rd.
Rte 1
Berthoud, CO 60513
Dear Mr. Larson:
This letter is to confirm our conversation of February 4, 1993. Natural gas
is available and located in the area of Highway 60 and Weld County Rd 5.
It is my understanding that the proposed subdivision site is located on •
Highway 60 between Weld County Roads 3 and 5. Our present cas main is located
on the north side of Highway 60 - SEC 5 TWS 4N RANGE 68W.
Any extension of these natural gas facilities would have to be in accordance
with Public Service Company' s rate, rules and regulations governing gas
service, service connections, and main extension policy on file with the
Public Utilities Commission of Colorado.
The cost to install new gas mains or services is available upon request,
provided we have all the necessary information.
If you have any further questions, please do not hesitate to contact me at
once.
Sincerely,
//
4,73"- !1GzZea,
Len Hilderbrand
Energy Services Representative
LH:sw
•
940303
DECLARATION OF PROTECTIVE COVENANTS
FOR MOUNTAIN VIEW ESTATES 1
AND MOUNTAIN VIEW ESTATES 2,
both minor subdivisions situated in Weld County, Colorado,
This Declaration of Protective Covenants running with the land is
made by the Owners of all of the real Property to be known as
MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW ESTATES 2, which Property
is described in those certain subdivision plats recorded for
MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW 2 , located in:
Section 5 , Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado.
RECITALS
1. Declarant is the Owner in fee of all of the above-described
land in those minor residential developments sometimes referred to
hereafter as MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW ESTATES 2 or
the "Property" .
2 . It is the intention and desire of the Declarant to set forth
this Declaration of Protective Covenants in order to promote the
harmonious and attractive development of the Property for the
health, comfort, safety, convenience, and general welfare of the
present and subsequent Owners of the Property and each portion
thereof.
NOW THEREFORE, Declarant hereby declares that the Property is
subject to the following protective covenants which shall run with
the land for the benefit of and be binding upon each present and
subsequent Owner of any portion of the Property and their
respective grantees, successors, personal representatives, and
assigns.
ARTICLE I
DEFINITION OF TERMS
1. 01 As used in this Declaration, the following terms shall have
the meanings indicated:
Architectural Control Committee. The committee described in
Article V of this Declaration.
Association. Mountain view Estates 1 and 2 Owners Association.
The members of which shall be all of the several Owners of the lots
within the Property.
Board. The duly elected Board of Directors of the Association.
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Bylaws. The duly adopted Bylaws of the Association as the same
may be amended from time to time.
Colorado Common Interest Ownership Act (sometimes also
referred to herein as "CCIOA") . The applicable provisions of
Colorado statutes known as the "Colorado Common Interest Ownership
Act" , which is now codified as Article 33 . 3 of Title 38, Colorado
Revised Statutes, as may from time to time hereafter be amended.
Common Elements. The Plats of MOUNTAIN VIEW ESTATES 1 and
MOUNTAINVIEW ESTATES 2 . Describes roads, irrigation and utility
easements as shown upon the Plat. Those are called common
elements.
Declarant. The Owner of the Property whose signature is
affixed to this Declaration.
Owner. The record fee Owner or Owners if more than one of a
lot, including Declarant so long as any lot remains unsold.
Plats. The Plats of Mountain View Estates 1 and Mountain View
Estates 2 , located in
Section 5, Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado
Property. All of the real Property known as MOUNTAIN VIEW
ESTATES 1 and MOUNTAIN VIEW ESTATES 2 .
ARTICLE II
LAND USE CONTROL
2 . 01 Land Use and Building Type. No lot shall be used except for
residential and related purposes. No building other than
outbuildings permitted by paragraph 2 . 02 , shall be erected,
altered, placed, or permitted to remain on any lot other than
one (1) detached single family dwelling not to exceed two and
one-half (2 1/2) stories in height above finished grade level,
which must include a private attached garage for no more than
three (3) automobiles. The Architectural Control Committee may
authorize a garage for more than three automobiles if the
Architectural Control Committee determines that the same is
compatible with the harmonious and attractive development of
the area. Dwellings must be built on-site, and no pre-fabricated,
previously built, or modular homes shall be permitted upon the
Property. Dwelling construction must be completed within one (1)
year after the date of construction commencement. Out buildings are
permitted in accordance with Section 2 . 02 .
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2 . 02 Out Buildings. Subject to the prior approval of the
Architectural Control Committee, permitted out buildings are
stables, barns, pool houses, or other structures determined by the
Architectural Control Committee to be compatible with the purposes
and intent of this Declaration. In no case shall out buildings
exceed the height of one (1) story above finished grade level . Out
buildings must be of similar color, design, and quality with the
principal dwelling on the Property. Machine sheds are not
permitted out buildings.
2 . 03 Dwelling Ouality and Size. No dwelling shall be erected on any
lot having an enclosed floor area on the main level of less than
one thousand four hundred (1, 400) square feet, exclusive of
porches, garages, and basements. For purposes of this section, the
main level shall be that level of the dwelling at or closest to
finished grade level which is most immediately reached by the front
entrance to the dwelling. If any dispute arises as to what
constitutes the main level of a dwelling, the decision of the
Architectural Control Committee shall be conclusive and
controlling. No trailer, basement, tent, shack, garage, barn, or
other building shall be used as a residence, temporarily or
permanently at any time, nor shall any structure of a temporary
character be used- as a residence. All dwellings shall possess wood,
brick, or stone exteriors, or a combination thereof. No building,
fence, out building, or other structure shall be erected, placed,
or altered on any lot until the proposed building plans,
specifications, exterior color and finish, plat plan (showing the
proposed location of such building or structure, driveways and
parking areas) , and construction materials shall have been approved
by the Architectural Control Committee.
The Architectural Control Committee shall have the full discretion
to approve and deny such plans so as to insure the best use and the
most appropriate development and improvement of each building site,
to protect the Owners of building sites against inappropriate use
of surrounding building sites as will depreciate the value of the
Property; to preserve, so far as is practicable, the natural beauty
of the Property; to guard against the erection of poorly designed
structures, and structures built of improper or unsuitable
materials; to obtain harmonious color schemes; to insure the
highest and best development of said Property; to encourage and
secure the erection of attractive homes and other permitted
structures thereon, with appropriate locations thereof on building
sites; to prevent haphazard and inharmonious improvement of
building sites; to secure and maintain proper setbacks from streets
and in general to provide adequately for a high type and quality of
improvements on said Property and thereby enhance the value of
improvements on the Property.
2 . 04 Repairs. Any repairs to or reconstruction of dwellings, out
buildings, fences, etc. , whether due to wear and tear or natural
causes (such as wind, hail, fire, flood, etc. ) , shall be subject to
and in accordance with the covenants herein. Removal of damaged
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structures, or the repair and reconstruction of such damaged
structures, shall be promptly undertaken and completed no later
than one (1) year from the date of damage.
2 . 05 Nuisance. No lot shall be used in such a manner as to obstruct
or interfere with the enjoyment of Owners of other lots or annoy
them by unreasonable noises, lights, odors, or otherwise, nor shall
any nuisance or illegal activity be committed or permitted to occur
on any lot. No exterior horn, whistle, bell, or other sound devices
except security devices used exclusively to protect the security of
the Property and the Owners or occupants thereof shall be placed or
used on any part of the Property.
2 . 06 Animals. Up to two (2) adult large animals and their unweaned
offspring may be kept on each lot except as provided in this
section. For purposes of this paragraph, large animals consist of
horses, cattle, mules, llamas, vicuna, sheep and such other animals
as the Board may from time to time hereafter approve as permissible
large animals to keep upon the Property. Dogs, cats, and other
household pets and small animals may be kept provided they are not
kept, bred, or maintained for any commercial purposes and further
provided that the number thereof do not result in unsanitary
conditions or a nuisance or annoyance to the Owners of other lots.
The Board may adopt from time to time such rules and regulations as
it deems appropriate regarding the type, quantity and requirements
for keeping such household pets and small animals. In addition, the
Board shall have the right, on a selective basis, to permit up to
two (2) additional adult large animals to be kept on a lot if, in
the judgment of the Board, suitable Elements have been erected for
the maintenance and care of such animals. The Board shall have the
right to develop the standards of care and maintenance which must
be met as a condition to permitting the keeping of additional
animals. Notwithstanding the foregoing, unless hereafter approved
by the Board, no swine may be kept on a lot, and no chickens,
ducks, geese, pea hens, or other non-household birds or poultry may
be kept on any lot. All animal enclosures shall be erected and
maintained in accordance with the covenants herein and the rules
and regulations regarding the same as may from time to time be
adopted by the Board. Any decision by the Board regarding type and
number of animals which may be kept upon any lot, shall not be
effective unless and until it has been reduced to writing. Any such
decision may be later rescinded or modified by the Board, and any
lot Owner affected by such recision or modification shall have a
reasonable time, not to exceed forty-five (45) days to comply with
such recision or modification.
2 . 07 Keeping of Animals. Large animals maintained on any lot
pursuant to Section 2 . 06 must be kept within an enclosed corral,
pen, or other enclosure, which enclosure must be kept in a neat,
clean, and orderly condition at all times. Small animals shall be
properly housed or penned to confine them on the lot. Appropriate
measures must be maintained to control flies and other pests on the
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lot and within such enclosures and for the disposition of waste and
similar matter. The Board shall have the authority to establish
standards for the maintenance of animals, including the minimum and
maximum size of permitted enclosures, the type of materials which
may be used in their construction, and other similar matters which,
in the judgment of the Board, shall be deemed appropriate for the
health, safety, and maintenance of the Property and its occupants.
It is specifically understood that the Board may require Owners to
take such measures as may be necessary to prevent the overgrazing
of each lot and the destruction of vegetation on each lot.
2 . 08 Rubbish. No lot shall be used or maintained as a dumping
ground for rubbish. All trash, garbage, and other waste shall be
kept in sanitary containers, and all such containers shall be
maintained in a good, clean condition. All liquid and solid
wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. Wood
shavings, saw dust, and waste materials shall be handled, stored,
and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
2 . 09 Slang. No sign of any kind shall be displayed to the public
view on any lot except: (i) one sign of not more than five (5)
square feet advertising the lot for sale or rent; (ii) signs used
by a builder to advertise the Property during the construction and
sales period; and (iii) such other signs as the Board may, from
time to time, approve.
2 . 10 Easements.
A. Utility and Irrigation Easements. Easements for the installation
and maintenance of utilities and irrigation and related Elements
are reserved as shown on the recorded plats of the Property. Within
these easements, unless approved by the Board, no structure,
planting, or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance
of utilities, or which may change the direction of flow, or
obstruct or retard the flow of water in and through the easements.
The easement area of each lot and all improvements in it shall be
maintained continuously by the Owner of the lot except for those
improvements for which a public authority, or one or more utility
companies, or the Association is responsible. The Association shall
have the right to enter upon such easements from time to time as
the Board may determine necessary or appropriate to construct,
maintain or repair any ditches or other Elements for irrigation
purposes which benefit the Association. The Association shall not
be responsible for any damage to any property or landscaping of any
lot Owner, including any damage occurring outside the easement area
from equipment or operations, if such damages are reasonably
unavoidable. If any such work is done by the Association as a
result of failure of a lot Owner to comply with these covenants or
to properly maintain the easement area, the cost shall be assessed
against such Owner and shall be recoverable by the Association in
the same manner and fashion as general and special assessments with
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all the remedies and rights for recovery and collection as provided
in Article IV of this Declaration.
B. Private Access Easement and Public Utility Easement. Each lot
Owner shall have the joint and mutual use of the private access
easement and public utility easement shown upon the plat of the
Property. No lot Owner shall interfere with the usage of such
easement area for such purposes. The maintenance and repair of the
easement and any improvements thereon shall be the responsibility
of the Association.
2 . 11 Fences. All fences, walls, hedges and plantings adjacent to
public roads shall be in compliance with any applicable site line
requirements established by the governmental authority having
jurisdiction. All fences, walls, hedges, and shrub plantings shall
be maintained in a clean, neat, and orderly condition at all times.
Wire, metal fabric, and chain link fences are not permitted on any
portion of a lot in front of the dwelling.
2. 12 Vehicles. No trucks, vans, campers, or vehicles other than
passenger cars, or pickup, or utility trucks with a capacity of
' one (1) ton or less shall be parked overnight on the private access
easement. No work of automobile repair or maintenance shall be
performed except within the confines of an Owner's lot. No
abandoned, inoperable, or junk vehicle may be stored on any part of
the Property. All motorized equipment including motor vehicles,
motorcycles and motorbikes, tractors, and any other motorized
equipment used on any lot must be properly equipped with mufflers
so as to reduce to the greatest degree practicable the noise of
operation. The hours of operation of any motorized equipment shall
be confined to the period of time commencing at 7 : 00 a.m. and
ending at 7:00 p.m. , unless the Board establishes different hours
hereafter. No bus, large commercial-type vehicle (including, but
not limited to, any dump truck, cement mixer truck, oil or gas
truck, delivery truck, back hoe, bulldozer, or semi-tractor or
trailer) shall be parked, stored or kept on the Property. No
vehicle or equipment shall be kept, parked or stored on or within
the private access easement area.
2 . 13 Fires and Firearms. There shall be no exterior fires permitted
on the Property except barbecue fires contained within elements or
receptacles specifically designed for such purposes, or those fires
for which a permit has been granted by governmental authority. No
Owner shall permit any conditions on his lot which create a fire
hazard or are in violation of fire prevention regulations. No
firearms shall be discharged within the Property.
2 . 14 Towers. Masts, Antennas, and Satellite Dishes. No radio or
television antennas, masts, or towers shall be permitted which rise
(at the highest point of extension) higher than six feet (6' ) above
the uppermost point of the roof of the principal building being
served. No more than one (1) such antenna, mast, or tower shall be
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permitted for any dwelling unit, and no such antenna, mast, or
tower shall be affixed to or serve a stable or other accessory
building. The allowance of and the placement of satellite dishes is
restricted to the discretion of the Architectural Control
Committee.
2 . 15 Outside Storage.
A. Outside storage of more than one (1) piece of farm equipment on
any lot is prohibited. No construction machinery shall be stored
outside on any lot.
B. All storage tanks for propane, must be placed indoors or below
ground and in compliance with all applicable safety standards and
regulations.
C. No gasoline, paint or any other toxic, hazardous or flammable
liquid or gas, other than propane, shall be stored on any lot in
quantities in excess of fifteen (15) gallons, unless written
approval thereof is obtained from the Board, and such storage is in
compliance with all applicable safety standards and regulations.
D. All unsightly conditions and equipment shall be enclosed within
a structure approved by the Architectural Control Committee,
including any snow removal equipment or garden or maintenance
equipment except when in actual use.
2 . 16 Agricultural Use. The agricultural use of each lot shall be
limited to a produce garden and/or orchard unless proper
conservation measures are utilized to prevent blowing dust and soil
erosion. Weeds must be kept continuously cut or otherwise
continuously controlled on all grounds including grounds not used
for lawns or gardens.
2. 17 Building Location. Unless otherwise approved by the
Architectural Control Committee, no building shall be located on
any lot nearer than twenty-five feet (25' ) to the front lot line,
nor fifteen feet (15' ) to any side lot line. No building or any
portion thereof including eaves and overhangs shall ever encroach
upon any adjacent lot.
2 . 18 No Subdivision of Lots. No lot shall hereafter be subdivided.
2 . 19 Irrigation Ditch. The following restrictions apply to
Consolidated Home Supply Ditch and Reservoir Company:
(1) No livestock watering, swimming, tubing, canoeing or
other use of the ditch or water in the ditch is allows; 2) No
dumping of refuse, including but not limited to household garbage,
waste materials, grass clippings, tree and shrub prunings, motor
oil, chemicals, pesticides or herbicides is allowed; 3) No pumps
for lawn or other irrigation are allowed in the ditch; 4) No use of
the ditch easement for hiking, biking, horseback, motorcycle, off
road vehicles or other motorized or non-motorized vehicle shall be
allowed.
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ARTICLE III
OWNERS ASSOCIATION
3 . 01 The Association. Each Owner of each lot within the Property
shall be a member of the Association. Status as an Owner of a lot
is the sole qualification for membership, such membership being
deemed an incident of Ownership of a lot. For purposes of this
Section, a husband and wife, or other individuals who jointly own
a lot, shall be deemed to constitute a single Owner of a lot. An
individual's membership in the Association shall commence as of the
date that he receives title to a lot and shall terminate on the
date of termination of his Ownership of a lot.
3 . 02 Classes of Membership and Voting Rights. The Association shall
have two classes of voting membership. Class A members shall be the
Owners of lots except the Declarant, and each Class A membership
shall be entitled to one (1) vote for each lot owned by a Class A
member. The Class B membership shall be the Declarant, and the
Class B member shall be entitled to three (3) votes for each lot
owned by the Declarant. In the event a lot is owned by (2) or more
persons, whether by joint tenancy, tenancy in common, or otherwise,
the vote for such lot shall be exercised as the Owners thereof
shall determine but the vote attributable to such lot shall be cast
by only one (1 ) of the Owners of such lot who shall be designated
by the several Owners of such lot in writing prior to or at the
time the vote is cast. In the absence of such designation by such
Owners and until such designation is made, the Board of Directors
of the Association shall make such designation. No vote may be cast
or counted for any lot for which assessments, fees, dues, or other
monies are in default of payment at the time votes are counted.
3 . 03 Board of Directors. The affairs of the Association shall be
conducted by a Board of Directors (the "Board") . The powers and
duties of the Board shall include, but not be limited to the
following:
A. To enforce all of the applicable provisions of this Declaration.
B. To maintain the Common Elements as provided in Section 4 . 01.
C. To contract for and pay for the cost of providing the
maintenance functions described in Article IV out of funds
collected by the Board.
D. To levy and collect the costs of maintenance as provided in
Article IV hereof and to make or authorize the expenditures
therefrom as hereinafter described.
E. To receive and process complaints from Owners with respect to
any provisions of this Declaration.
F. To adopt such rules and regulations as the Board from time to
time may deem necessary or appropriate to carry out the provisions
of this Declaration.
G. To render such discretionary decisions as are vested in the
Board pursuant to this Declaration.
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H. To obtain and exercise usage of water rights to the benefit of
the Association and its members, and to comply with and fully
perform any requirements related to the waters located on or
flowing on the Common Elements.
I. To impose charges for late payment of assessments, recover
reasonable attorney fees and other legal costs for collection of
assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and,
after notice and an opportunity to be heard, levy reasonable fines
for violations of the Declaration, Bylaws, and Rules and
Regulations of the Association, and to establish the rate of
interest to be assessed for all sums which may be payable to the
Association.
J. To obtain and keep in force such insurance as the Board may from
time to time deem appropriate including, but not limited to,
casualty and liability, worker's compensation, errors and omissions
coverage for officers, directors, employees and members of the
Association, insurance for indemnification of officers, directors
and members of the Association acting on behalf of and for the
benefit of the Association, and such other insurance that the Board
may deem appropriate.
K. To exercise all powers and rights granted to the Association by
the provisions of- the Colorado Common Interest Ownership Act, as
from time to time amended.
L. To take such other action or to incur such other obligations
whether or not herein expressly specified as shall be reasonably
necessary to perform the Association's obligations hereunder,
subject to the approval of the members of the Association.
3 .04 Election of Board Members. The initial Board of Directors
shall consist of one (1) person appointed by the Declarant, who
shall serve until his or her successor(s) is elected at the first
annual meeting of the members of the Association. The number of
directors shall be three (3) and the term of each director shall be
one (1) year. Each Class A member in the Association shall have the
right to cast one vote for each vacancy to be filled on the Board
of Directors at each annual meeting. Each Class B member shall have
the right to cast three (3) votes for each vacancy to be filled on
the Board of Directors at each annual meeting. Cumulative voting
shall not be allowed. The candidate, or if more than one (1)
vacancy exists, the candidates, receiving the most votes shall be
deemed elected.
3 . 05 Meetings of the Association and Officers. The number and type
of officers, and the provisions for regular and special meetings of
the Association shall be as provided from time to time by the
Bylaws of the Association.
3 . 06 Coordination with Bylaws. Except as may be otherwise provided
herein for action of the Board regarding interest upon unpaid
assessments, the provisions of this Declaration provide the minimum
substantive terms for the enforcement of this Declaration by the
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Board and the Architectural Control Committee. Further an
additional provisions for the operation of the Board and the
Architectural Control Committee may in the future be, set forth by
the Bylaws of the Association, and by appropriate resolutions or
rules and regulations adopted by the Board or the Architectural
Control Committee which supplement and further the intent and
purposes of this Declaration. In the event any conflict occurs
between the provisions of this Declaration and such Bylaws or
resolutions, then this Declaration shall control and to the extent
possible, the conflicting Bylaws, resolutions or rules and
regulations shall be construed to be effective where it promotes
the interest of the provisions of this Declaration and invalid
where in derogation of these Declarations.
3 . 07 Transfer. The membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the sale
of the Owner's lot, and then only to the purchaser of such lot. A
prohibited transfer is void and will not be reflected upon the
books and records of the Association.
3 . 08 Delegation of Use. The Board may from time to time establish
rules and regulations regarding the delegation by an Owner of
rights of use and enjoyment of the Common Elements to such Owner's
tenants or purchasers.
ARTICLE IV
MAINTENANCE, BUDGET, ASSESSMENTS
4 . 01 Maintenance of Common Elements. The Association shall be
responsible for the maintenance of the private access easement
within the Property until and unless such maintenance obligation is
assumed by the County of Weld, Colorado, or by any other
governmental body. As long as the Association is responsible for
road maintenance, the Association shall take all steps necessary to
insure that the private access easement is maintained, repaired,
and improved to appropriate standards as determined by the Board.
The Association shall be responsible for providing for such snow
removal during winter months as the Board shall deem appropriate
and shall have the authority to contract for such work as
necessary.
4 . 02 Failure of Association to Maintain Common Elements. In the
event the Association shall fail to maintain the Common Elements in
a reasonable order and condition in accordance with the original
plan submitted to the Board of County Commissioners with the final
subdivision Plat for the Property, the Board of County
Commissioners for Weld County may serve written notice upon the
Association, or upon the Owners, setting forth the manner in which
the Association has failed to maintain the Common Elements in a
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days
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thereof, and shall state the date and place of a hearing thereon,
which shall be held within fourteen (14) days of the notice. At
such hearing, the County may modify the terms of its original
notice as to the deficiencies, and may give an extension of time
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modifications thereof are not cured
within said thirty (30) days, or any extension thereof, the County,
in order to preserve the taxable values of the Property and to
prevent the Common Elements from becoming a public nuisance and
public liability, may undertake to maintain the same for a period
of one (1) year. Before the expiration of said year, the County,
upon its initiative or upon the written request of the Association,
shall call a public hearing upon notice to the Association and to
the Owners, to be held by the Board of County Commissioners, at
which hearing such Association, or the Owners, shall show cause why
such maintenance by the County shall not, at the election of the
County, continue for a succeeding year. If the Board of County
Commissioners shall determine that the Association is ready and
able to maintain the Common Elements in a reasonable condition, the
County shall cease to maintain the Common Elements at the end of
said year. If the Board of County Commissioners shall determine
that the Association is not ready and able to maintain the Common
Elements in a reasonable condition, the County may, in its
discretion, continue to maintain said Common Elements during the
next succeeding year subject to a similar hearing and determination
in each year thereafter.
The cost of such maintenance by the County shall be paid by the
Owners in the manner set forth in Section 4 . 03, and any unpaid
assessments shall become a tax lien upon the lot owned by a
defaulting Owner. The County shall file a notice of such lien in
the Office of the County Clerk and Recorder upon the Property
affected by such lien within the subdivision, and shall certify
such unpaid assessments to the County Treasurer for collection,
enforcement, and remittance in the manner provided by law for the
collection, enforcement, and remittance of general Property taxes.
4. 03 Costs of Maintenance. The costs of maintenance functions
imposed on the Association pursuant to Section 4 . 01, together with
the expenses of administration and operation of the Association and
its boards and committees (including any appropriate indemnity to
members thereof) , shall be divided equally between all of the
Owners of each lot. Each Owner, by the acceptance of a conveyance
of a lot, shall be obligated to pay his share of such costs. An
Owner shall be responsible for his full share of maintenance costs
whether or not his lot is improved with a home.
4. 04 Establishment of Maintenance Budget. The Board will establish
a maintenance and operations budget each year and shall submit such
budgets to the members of the Association for review and approval
prior to the end of each year. Notice of such budget, and meetings
for adoption shall be in accordance with the provisions of the
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Colorado Common Ownership Interest Act, as from time to time
amended. The amount of each maintenance budget shall be assessed
equally against each lot in monthly installments. Should the
Association fail to approve a budget and set the amount of monthly
maintenance charges prior to the commencement of any calendar year,
the Board shall continue to levy and collect monthly maintenance
assessments at the level of the previous calendar year, plus an
increase of not more than twenty-five percent (25%) until the
Association shall adopt the current budget. Without in any way
limiting the nature and type of expenses upon which the budget may
be based, the budget may include anticipated expenses for
reasonable contingency reserve and working capital and sinking
funds, legal and other professional expenses, for casualty and
liability insurance for the Common Elements, and for errors and
omission or other insurance protection designed to provide defense
and insurance coverage to the officers of the Association in
connection with any matters arising from Association business and
the performance of the officers of the Association or related to
their status as officers.
4 . 05 Social Assessments. In addition to the monthly maintenance
charge to be assessed against each Owner pursuant to Section 4 . 04 ,
the Board may, from time to time, levy and collect special
assessments to cover extraordinary charges or expenses not
anticipated by the annual budget approved by the Association.
Unless approved by a majority of the Owners, the aggregate of all
special assessments levied in any calendar year shall-not exceed
twenty-five percent (25%) of the budgeted gross expenses of the
Association for such fiscal year. Notwithstanding the foregoing,
the costs incurred by the Association to remedy any default by an
Owner of the Owner's obligation under this Declaration, may be
assessed against such Owner without establishment of any special
assessment or other procedure, and may be collected from such Owner
in the same manner as provided in paragraph 4 . 07 and paragraph 4.08
below. Any charges imposed for late payment, attorney fees and
costs, and fines shall be deemed to be assessments against the
Owner's lot and recoverable and subject to the same rights and
remedies available to the Association for all other assessments.
4 . 06 Accounting. All funds collected by the Association shall be
promptly deposited into a commercial bank account and/or a savings
and loan account in an institution to be selected by the Board. No
withdrawal shall be made from said account except to pay the
obligations of the Association. No later than ninety (90) days from
the end of each calendar year the Board shall distribute to each
Owner an operating statement reflecting the income and expenditures
of the Association for the previous calendar year. The Board shall
maintain complete and accurate books and records of its income and
expenses in accordance with generally accepted accounting
principles consistently applied and shall file such tax returns and
other reports as shall be required by any governmental entity. The
books and records shall be kept at the office of the Association
12
940303
and shall be open for inspection by any Owner or by the holder of
any first deed of trust or mortgage of record at any time during
normal business hours following reasonable advance notice of the
request for inspection.
4 . 07 Creation of Lien and Foreclosure. The monthly maintenance
charge, together with any special assessment or other penalty, cost
or charges which an Owner is obligated to pay, shall be a debt of
such Owner to the Association on the date when each installment
thereof becomes due. In the event of the default of any Owner in
the payment of any installment of maintenance charges or special
assessments, such amount, and any subsequently accruing unpaid
assessments, together with interest thereon at the rate of eighteen
percent (18%) per annum, or such other rate as may hereafter from
time to time be established by the Board, and together with all
costs which may be incurred by the Association in the collection of
such amount, together with reasonable attorneys' fees shall be and
become a lien on the interest of the defaulting Owner in his lot.
The Association may, but is not required to, execute and record in
the Weld County Recorder's Office of a Notice of Assessment Default
setting forth the name of the defaulting Owner as indicated by
Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount,
and the legal description of his lot. Such lien shall attach and be
effective from the due date of the assessment, and may be enforced
by foreclosure by the Association of the defaulting Owner's
interest in the Property. The lien provided herein shall be in
favor of the Association for the benefit of all Owners who are
Association members. In any such foreclosure, the defaulting Owner
shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim
of lien, and all reasonable attorneys' fees in connection with such
foreclosure. The lien shall include and the defaulting Owner shall
also be required to pay to the Association the monthly maintenance
charge and any other assessments for the lot whose payment comes
due during the period of foreclosure, and the Association shall be
entitled to a receiver to collect the same. The Association, on
behalf of the member Owners, shall have the power to bid on the lot
at foreclosure sale and to acquire, hold, lease, mortgage, and sell
the same. Such lien provided herein shall have the priority
provided by the Colorado Common Interest Ownership Act. The
Association may, but is not required to send notice of default to
an Owner, and a copy of such notice may, but is not required to, be
mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts
due, if the Association recorded a Notice of Assessment Default,
the Association shall cause to be recorded a certificate setting
forth the satisfaction of such lien.
4. 08 Owner's Obligation for Payment of Assessments. The amounts
assessed by the Association against each lot and any interest,
costs, and attorney fees in connection with default in payment
13
940303
thereof, shall be the personal and individual debt of the Owner
thereof at the time the assessment is made. Each person, if more
than one (1) , composing the Owner shall be jointly and severally
liable therefore. Suit to recover a money judgment for unpaid
expenses shall be maintainable without foreclosing or waiving the
lien securing same. No Owner may exempt himself from liability for
contribution toward the common expenses by a waiver of the use or
enjoyment of the Common Elements or by abandonment of his lot.
4 . 09 Statement of Assessment Status. Upon payment to the
Association of a reasonable fee, as may from time to time be
established by the Board, accompanied by the written request of the
Owner or any mortgagee or prospective Owner of a lot, the
Association shall issue a written statement setting forth the
amount of unpaid assessments and any other charges outstanding with
respect to the subject lot, and the date when the
same became due. Such statement shall also include credit for any
advanced payments of common assessments, but no credit shall be
given for any accumulated amounts for reserves or sinking funds, if
any. The statement issued by the Association shall be binding upon
the Association and its officers and each Owner in favor of persons
who rely thereon in good faith. The manner and time for providing
such statements shall be as provided by the terms of the Colorado
Common Interest Ownership Act, as from time to time amended.
4 . 10 Liability upon Transfer. Any Owner who sells his or her lot
in good faith and for value shall be relieved of the obligation for
payment of assessments thereafter attributable to the lot, as of
the date of the recordation of the deed transferring such lot to
the subsequent purchaser. Except as may otherwise be provided by
the Colorado Common Interest Ownership Act, as from time to time
amended, the Owner transferring, and the purchaser of the
transferred lot, shall be jointly liable for payment of all
assessments and any related interest, costs and attorney fees
attributable to the lot accrued through the date of such
recordation, and the lien for recovery of the same shall remain in
force against such lot.
ARTICLE V
APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE
5. 01 Appointment of Committee. The Declarant has established an
Architectural Control Committee, the initial member of which is
Ivar Larson. Until all lots within the Property have been sold by
the Declarant, the Declarant shall appoint the Architectural
Control Committee, which may consist of one (1) or more persons as
determined by the Declarant At such time as the Declarant has sold
all lots, or on December 31, 2000, whichever date occurs first, the
number of members of the Architectural Control Committee shall be
established and appointed by the Board. No member of the
Architectural Control Committee shall be entitled to any
14
940393
compensation for services as a member of the Committee. The address
of the Architectural Control Committee shall be at the principal
office of the Association.
5. 02 Architectural Control . No building, fence, out building, or
other permanent improvements shall be erected, placed, or altered
on any lot until the construction plans and specifications and a
plan showing the location of the improvements have been approved by
the Architectural Control Committee as to quality of workmanship,
quality and type of materials, the esthetics and harmony of
exterior design with the character of the community and the
existing structures, and as to location of structures with respect
to topography and finished grade elevation, and compliance with
these covenants.
5. 03 Rules of Procedure. The Architectural Control Committee may
adopt rules and regulations from time to time establishing design
criteria not inconsistent herewith. The Architectural Control
Committee shall meet at the convenience of the members thereof as
often as necessary to transact its business. Request for approval
of design shall be made to the Committee in writing, accompanied by
two (2) complete sets of plans and specifications for any and all
proposed improvements to be constructed on any lot. Such plans
shall include plot plans showing drainage and grading plans, the
location on the lot of the building, wall, fence, or other
structure proposed to be constructed, altered, placed, or
maintained thereon, together with the proposed construction
material, color scheme for roofs and exteriors thereof,
architectural renderings, and proposed landscape plantings. The
Architectural Control Committee may require submission of
additional plans, specifications, and of samples of materials and
colors prior to approving or disapproving the proposed improvement.
Until receipt by the Architectural Control Committee of all the
required materials in connection with the proposed improvement to
the Property, the Committee may postpone review of any material
submitted for approval.
5. 04 Approval of Plans. The Architectural Control Committee shall
approve or disapprove plans, specifications, and details within
thirty (30) days from the receipt all materials requested by the
Committee and shall notify the Owner submitting them of such
approval or disapproval in writing. If all samples, plans,
specifications, and details requested by the Committee have been
submitted and are not approved or disapproved within such
thirty (30) day period they shall be deemed approved as submitted.
One set of plans and specifications and details with the approval
or disapproval of the Architectural Control Committee endorsed
thereon shall be returned to the Owner submitting them and the
other copy thereof shall be retained by the Architectural Control
Committee for its permanent file. Applicants for Architectural
Control Committee action may, but need not, be given the
opportunity to be heard in support of their application. Refusal of
15
940303
approval of plans, location, or specifications may be based by the
Architectural Control Committee upon any reasonable grounds,
including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Architectural Control Committee
shall seem sufficient, reasonable, and not capricious. The
Committee may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Committee
may deem appropriate.
5. 05 Filing Fees. As a means of defraying its expenses, the
Architectural Control Committee may require a reasonable filing fee
to accompany the submission of plans to it in an amount to be fixed
by the Board of Directors of the Association from time to time No
additional fees shall be required for resubmission of plans revised
in accordance with Architectural Control Committee recommendations.
5. 06 Completion of Improvements. Any improvements approved by the
Architectural Control Committee shall be timely commenced and in no
event commenced later than one (1) year from the date of such
approval. If not commenced within such time, the approval of the
Committee shall automatically expire and the applicant must
thereafter resubmit all plans to the Committee for reconsideration.
The fact that a proposed improvement has previously been approved
by the Committee shall not require the Committee to again approve
such proposed improvement if the approval has expired pursuant to
the terms of this paragraph. Once approved improvements have been
commenced all such improvements shall be completed no later than
one (1 ) year from the date of commencement.
5.07 Inspection of Work and Notice of Completion. The members of
the Architectural Control Committee, and any agent or
representative thereof, shall have the right to inspect any
improvement to property prior to and after completion, provided
that the right of inspection shall terminate three days after the
Committee has received from the applicant a notice of completion.
5. 08 Estoppel Certificates. Upon the reasonable request of any
interested party, and after confirming any necessary facts with the
Architectural Control Committee, the Board shall furnish a
certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement
to property is made in compliance herewith. Any person without
actual notice to the contrary shall be entitled to rely on said
certificate with respect to all matters set forth therein.
5. 09 Non-Liability. No member of the Architectural Control
Committee, the Board, the Association, or any other agents, shall
be liable for any loss, damage or injury arising out of or in any
way connected with the performance of the Architectural Control
Committee. In reviewing any matter, the Architectural Control
Committee is not responsible for reviewing, nor shall its approval
of any improvement to property be deemed to be, and approval of the
16
940303
improvement to property from the standpoint of safety, whether
structural or otherwise, or conformance with any building, zoning
or other codes or governmental laws or regulations.
ARTICLE VI
GENERAL PROVISIONS
6.01 Term. These covenants as set forth in this Amended and
Restated Declaration are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
twenty-five (25) years from the date they are recorded after which
time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by
seventy-five percent (75%) of the then Owners of the lots has been
recorded agreeing to terminate said covenants or change them in
whole or in part.
6. 02 Amendments. Except as set forth in Section 6 . 03 hereof, the
Owners of seventy-five percent (75%) of the lots may at any time
modify, amend, augment, or delete any of the provisions of this
Declaration provided however that: (i) no amendment shall be
effective with respect to any person not having actual knowledge
thereof, until such time as notice of such amendment is filed for
record in the Office of the Weld County Clerk and Recorder;
(ii) no amendments may be adopted which would be inconsistent with
any condition or covenants imposed by Weld arimer County as a
condition of approval of or any matter as set forth in the recorded
Plat thereof; (iii) the Association may not be dissolved without
the prior permission of the Board of County Commissioners of Weld
County; (iv) no amendment may be adopted which affects the
obligations of the Association to comply with any mined land
reclamation plan or requirements related to water augmentation
plans; and (v) any of the following amendments to be effective must
be approved in writing by the record holders of all encumbrances on
the lots at the time of such amendment:
A. Any amendment which affects or purports to affect the
validity or priority of any encumbrance; or
B. Any amendment which would necessitate a mortgagee after it
has acquired a residential lot to pay any portion of any unpaid
assessment or assessments accruing prior to foreclosure, to the
extent the amounts would exceed the priority of such assessments
over that provided by the Colorado Common Interest Ownership Act,
as amended from time to time.
6. 03 Mortgagee Protection Clause. Except as otherwise provided by
the terms of the Colorado Common Interest Ownership Act, as amended
from time to time, with respect to the priority of the lien for
assessments, no breach of the covenants or restrictions herein
contained, nor the enforcement of any lien provided for herein,
17
940303
shall defeat or render invalid the lien of any mortgage or deed of
trust made in good faith and for value, but all of said covenants
and restrictions together with any preexisting liens for
maintenance assessments shall be binding upon and effective against
any Owner whose title is derived through foreclosure or through
trustee sale or through deed given in lieu thereof.
6. 04 Enforcement. The provisions of these covenants may be enforced
by any Owner or by the Board of Directors of the Association. In
addition to lien foreclosure, enforcement may be by proceedings at
law or in equity against any person or persons violating or
attempting to violate any of these covenants either to restrain
violation, or to recover damages, or both. All remedies provided
are cumulative, and pursuit of one shall not bar pursuit of any
other, independently, or jointly, and in any sequence.
6. 05 Severability. Invalidation of any clause, sentence, phrase, or
provision of these covenants by judgment or court order shall not
affect the validity of any other provisions of this Declaration
which shall remain in full force and effect.
6. 06 Application of Colorado Common Interest Ownership Act -
Conflicts and Provisions. The Property which is subject to this
Declaration consists of fewer than ten (10) units, and the
Declarant has not reserved rights to add additional units or real
estate, or to subdivide or withdraw units or real estate, or to
convert units to Common Elements. Declarant hereby adopts those
portions of the CCIOA which are required by Section 38-33 . 3-117,
C.R.S. , and those other provisions of the CCIOA as are referred to
in these Declarations. Further, the Declarant hereby elects to
apply the other provisions of CCIOA, but only to the extent that
they are not in conflict with any other provision of this
Declaration. Notwithstanding the provisions of 38-33 . 3-203 , C.R.S. ,
if a conflict arises between the terms of this Declaration, and the
provisions of CCIOA, this Declaration shall control unless the
CCIOA specifically provides that such provisions of the CCIOA are
mandatory or not subject to the ability of the Declarant to elect
not to apply such provisions. This Declaration and the CCIOA are to
be construed and applied in such a way as to be complementary and
supplemental to each other, and the remedies provided by this
Declaration and the CCIOA are cumulative. No conflict between this
Declaration and the CCIOA shall be deemed to exist by virtue of the
lack of any specific provision appearing in either, and a conflict
shall only arise if specific provisions of the two cannot be
reasonably reconciled. The Board shall have the power and authority
to determine and resolve any such conflicts in accordance with the
foregoing principles.
IN WITNESS WHEREOF, this Declaration has been executed by the
Declarant who is the Owner of all lands in the Property, and
18
940303
mortgagees holding any lien agains the Prop rty, whose signatures
and identification of Ownership inters \ set forth below.
) • ,,
Ivar-W. L on
Donna M. Larson
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Sworn and subscribed to before me personally by Ivar W. and
Donna M. Larson this /Std day of L/flh,lct, , 1993 .
WITNESS my hand and official seal.
My commission expires: //-.30 -96
Notary Public
H:\CL\LARSONI\PROTECT.COV data
19
940303
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. /
Subject Property /�(GIJA)4ft) !4Ew ,FS(74-1t5 02 — BC/N4, A 7Og7cr cV
7 crc Stz-rc,3 h , ytJ_ R. G8 cc —r+� C��` lRref.
STATE OF COLORADO
) ss
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names ,
addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of property (the surface estate)
within five hundred feet of the property under consideration. This `1)ist
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such
records, or from the records of the Weld County Clerk and Recorder. The
list compiled from the records of the Weld County Assessor shall have been
assembled within thirty days of the application's submission date.
The foregoing eg _ instrument was subscribed and sworn to before me this
day of /.2f' , l9 3 WITNESS my hand and official seal.
My Commission Expires: //-3Q - 94
i
Notary Public
940303
NAMES Or PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NALIL ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION 1/
1, x 1/ J'D nwy dV LVbl-VJ-V-VV-Vi7
Loveland , Co 60537
Donald & Sally Curry 1712 State Hwy 60 1061-05-0-00-034
Lovelana , uo duz i
.7d�iIC� T�eui�_r y IT1 Jufn uiagecc 1Q61-0o-0-00-033
• James Gentry 9152 E Tufts Cr
tngiewooa , Lo 80111
G P Cldt r L.o H riicnigan Hartnership 1061-05-0-00-013
• Bruce Peterson 1312 Greystone
Bartlesville , Ok 74006
Deniiis a uorajean r.ueni i85u t Hwy OU 1061-05-0-00-050
Loveland , Co 80537
Michael & Valerie McEntee 1842 E Hwy 60 1061-05-0-00-051
Lovelana , Co 8037
Ldwr cFL a riaF y Jtar CK lyVo t Hwy hV 1061-05-0-00-015
Loveland , Co 80537
John Cindy Demott 23551 W County Rd 5 1061-05-0-00-014
Loveland , Lo O0b37
W Jdulc.y et al L4GJ 5 -uounty ka 9 85320-00-002
Loveland , Co 80537
James Gentry III 9152 E Tufts Cr 85320-00-003
eJ u id ulagetc Englewood , Co 80111
Sheryl Conwell
W R & W R Jr Saulcy et al 2425 S County Rd 9 85330-00-005
Loveland , Co 80537
•
• 940303
2
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No. S-331
Subject Property Mountain View Estates 2 , being a portion of the
NE 1 /4 of section 5, T4N, R68W of the 6th P.M.
STATE OF COLORADO )
) ss
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names and
addresses of all mineral owners and lessees of mineral owners on or under the
parcel of land under as their names appear upon the records in the Weld County
Clerk and Recorder' s Office or from an ownership update from a title or abstract
company or an attorney.
r73,244_,Le_lt
Ivar arson Donna M. Larson
The foregoing instrument was subscribed and sworn to before me this
8th day of November , 1993, WITNESS my hand and official seal.
My Commission Expires: 11-30-96
LIZ
Notary Public
940303
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
NAME ADDRESS, TOWN/CITY,
STATE AND ZIP CODE
Ivar W. Larson 925 N. County _Line Rd_. Rte. 1
Donna M. Larson Berthoud CO 80513
(tenants in common)
•
940303
'1 No/MP/Side: 60/2.809/RT
COLORADO DEPARTME OF TRANSPORTATION -ocalJurisdiction: Larimer County
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 1/4/5
DOT Permit No.: 493088
HMW II: Al Warnock (between 8-8:30 a.m./4-4:30 p.m. ) PermitFee: $100.00
• ff667-4650 Date of Transmittal: 10/28/93
THE PERMITTEE; Ili/47b
Ivar W. Larson 4nd 1b-INn M. "Rs°
925 County Line Road/Rte. 1 ~ VI
Berthoud, CO 80513
Contact: Richard Thornton
Phone: 667-8010
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 60, a distance of 4,269 feet east from Mile
Post 2 on the east/right side.
ACCESS TO PROVIDE SERVICE TO:
2 existing single family dwelling and 9 additional family dwellings by a joint
private access road identified as Mountain View Lane.
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the Application and Permit. A
change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the driveway to
the State Highway Access Code.
2. This access shall continue to exist until such time that other reasonable access to
an alternate street or other access is available.
3. Left turn movements in and out of the access(es) may be prohibited at some future
date.
4. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction
element fails within two years due to improper construction or material
specifications, the permittee is responsible for all repairs.
3. All existing access (including agricultural access to west and residential access to
east) shall be removed. Removal shall include return of SH 60 side slopes and
borrow to match adjacent conditions, and remove all indications of orior accesgrg
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation, The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify John Springer
with the Colorado Department of Transportation In Loveland at 667-4650 ,
at least 48 hours pr r to commen Ing construction within the Stale Highway right-of-way.
JChe per$oq sigril g) t the:p r itte must be the owner or legal representative of the property served by the permitted
access and have u authori t cept the permit and all it's terms and conditions.
Permltlee(X
Date I / 93
li
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTMENT OFT ANSPORTATION, STATE OF COLORADO
Date Title fyw
6y (O le of issue)
COPY DISTRIBUTION: Required; Make copies as necessary tor; Previous Editions are Obsolete and will not be',sod
1.District(Original) Local Authority inspector COOT Form 1101
2.Applicant MT CE Patrol Ttallic Enginoet 940303/nl
3 Stall HOW
The following paragraph are pertinent lights of the State Highway Access Code.1 e are provided for your convenience
but do not alleviate compliance with all sections of the Access Code.A copy of the Stais Highway Access Code Is available
from your local issuing authority(local government) or the Colorado Department of Transportation (Department).When this
permit was issued,the issuing authority made Its decision based in part on information submitted by the applicant, on the
access category which is assigned to the highway,what alternative access to other public roads and streets is available,and
safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the
revocation or suspension of the permit. •
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue,,Denver, Colorado 60222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement is reached,the Department,with the approval of the local issuing adthnritV-(if%applfcaule),may reViselhe permit
accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to
the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. if the final action is not further appealed,the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1.• The access must be under construction within one year of the permit date'However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-ol-way fence,the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site:-�( •necessary',mindr Changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
•
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall
not interfere with the drainage system in the right-of-way.
8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a
permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and
at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and llaggers.This
is also required by section 42-4-501,C.R.S. as amended, The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
•
Ill Changes in use and violations
1. If there are changes in the use of the access,the access permit-Issuing authority must'be notified of the change.A change in
property use which makes the existing access design or use in non-conformance with the.Access Code'or the terms and
conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are;
an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code.the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further Information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority.The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system,including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is alter the permittee has
returned the permit signed and paid any required lees.
4. The Department may,when necessary for the improved safety and operation of the roadway,rebuild, modify, remove,or
redesign the highway including any auxiliary lane.
5, Any driveway, whether constructed before, on, or after June 30, 1979. may be required by the Department, with written
concurrence of the appropriate local authority,tote reconstructed or relocated to conform to the Access Code,either at
the property owner's expense it the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the of driveway operation;or at the expense or ' Department it the reconstruction or
relocation is necessitated by chai•,,ds in road or traffic conditions. The necessity the relocation or reconstruction shall
be determined by reference to the standards set forth in the Access Code.
A.G? T
T'hi Agreement _ eebe .
_ s nC_ _-...e..� (the _ _.-.-.E".�) , is n2:C1
CONSOLIDATED HOME SUPPRispi, �I RAND Company (Ditch Company) and
/ .t 4C' Lw-7-'9L'ti.' A r> Rfi (t'-ncc.ne:) , and is _pcn the following
terms : IA.:,CaM. I_,fi2Sct-
1 . Landowner is the owner of all cf the property known as
the hire y1- nJV,Ftccs r4lrs 2. S'.lbdivisicn/`:RD, a copy of which is attached —__
hereto as Exhibit A (the "Subdivision" ) .
r
2 . Landowner desires to obtain a_czrcval of the Ditch Company /
for _orta:n -a--=-•s r`-cs=~-ed c•_ t.._ fTR' - - cccnt_•, Co_ ,_ aco, L
Board of County _..Cc- 1s5_one_ sl [C_ of _an: , r^1 - aOO, l
role to the ccndlticnal ac' of the Subdivision . _n_ witch .. --77
Ccmp_ny ' s interests will be bo-e _-= the granting of its
approval thrc gh the terms and c0-444 , 'hs cf this Agreement .
Therefore the '___ties acknowledge that valuable consideration •
exists for thisAgreement among the parties . Landowner shall pay
a permit fee to the Ditch Company of $ which shall be in
addition to all other fees or charges required. to be paid by the
Landowner to the Ditch Company under tha terms of this Agreement.
3 . Landowner and Landowner may own assessable share (s) of
the Ditch Company which has historically been used to irrigate for
agricultural purposes the Subdivision. Landowner shall assign the
stock certificate for the share (s) of the Ditch Company' s stock to
a non-profit corporation which shall be a subdivision homeowners
association with its membership limited to owners of property
within the Subdivision. The homeowners association shall be
required to pay the annual assessment on the stock cf the Ditch
Company, and the homeowners association shall have the power to
.assess its members on a proportionate basis for such assessment
with such homeowners assessment to be a lien on the property in the
Subdivision. The homeowners association shall designate one person
to be the liaison with the slicerintendent (ditch ricer) of the
Ditch Company. The liaison shall be the sole contact with the
superintendent concerning ditch matters including, but not limited
to, orders for water, ditch maintenance, -J and ditch stock
assessments . The association' s representati shall be legally
authorized to represent the association a d its members with
respect to any matter concerning the Dish Company, and no -
individual property owner in the Subdivision)shall have any right,
title , claim or interest in, to or with the Ditch Company.
4 . This Agreement affects the property and title of the
. Subdivision, and this Agreement shall be recorded at the expense of
Landowner, and after recording, the terms, conditions and covenants
of this Agreement shall become a covenant running with the land of
the Subdivision. This Agreement shall constitute a benefit and
burden cn the Subdivision and this Agreement shall be enforceable
1
940303
IT-
/619r5
'Hug
Ccor( ciiraJ Lir?i es
940303
\ 10g DEPARTMENT OF PLANNING SERVICES
PHONE (303)353.3845. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 NUE
O GREELEY, 17TH COLORADO 8631
80631
COLORADO
November 18, 1993 CASE NUMBER: S-348
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar and Donna Larson for a Final Plat for a
Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates
#2) . The parcel of land is described as part of Section 5, T4N, R68W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1/4 mile west of the intersection
of Weld County Road 5 and State Highway 60.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
1 EXHIBIT :::
•
REFERRAL LIST
NAME: Ivar and Donna Larson CASE NUMBER: S-348
REFERRALS SENT: November 18, 1993 REFERRALS TO BE RECEIVED BY: December 3, 1993
COUNTY TOWNS and CITIES
X Attorney _Ault
X Health Department _Brighton
_Extension Service _Broomfield
_Emergency Management Office _Dacono
Sheriff's Office Eaton
_
XEngineering _Erie
____Housing Authority _Evans
_
_
Airport Authority Firestone
_Building Inspection ____Fort Lupton
_Frederick
STATE ____Garden City
_Division of Water Resources _Gilcrest
X Geological Survey ____Greeley
_Department of Health Grover
_
X Department of Transportation Hudson
_
_Historical Society _Johnstown
_Water Conservation Board _Keenesburg
X Oil and Gas Conservation Commission _Kersey
La Salle
FIRE DISTRICTS Lochbuie
_
_Ault F-1 _Longmont
X Berthoud F-2 _Mead
Briggsdale F-24 Milliken
_
_Brighton F-3 _New Raymer
_Eaton F-4 _Northglenn
_Fort Lupton F-5 Nunn
_
Galeton F-6 Pierce
_
_Hudson F-7 _Platteville
_Johnstown F-8 Severance
_
La Salle F-9 ____Thornton
_Mountain View F-10 Windsor
_
_Milliken F-11
____Nunn F-12 COUNTIES
____Pawnee F-22 _Adams
_Platteville F-13 Boulder
____Platte Valley F-14 XLarimer
Poudre Valley F-15
_Raymer F-2 FEDERAL GOVERNMENT AGENCIES
_Southeast Weld F-16 _US Army Corps of Engineers
_Windsor/Severance F-17 ____USDA-APHIS Veterinary Service
_Wiggins F-18 _Federal Aviation Administration
_Western Hills F-20 _Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
_Central Colo. Water Conservancy Dist. ____Brighton
_Panhandle Eastern Pipe Line Co. ____Fort Collins
Tri-Area Planning Commission ____Greeley
X Handy Ditch Co. _Longmont
9908 West County Road 18E West Adams
_
Loveland, CO 80537
X Home Supply Ditch COMMISSION/BOARD MEMBER
6491 Weld County Road 50 X Judy Yamaguchi
e
940303
‘V( 1141-Wilr-a
DEPARTMENT OF PLANNING SERVIC
ES
PHONE (303)353-3345, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
Will 9 O 1400 N. 17TH AVENUE
V GREELEY, COLORADO80631
•
COLORADO
November 18, 1993
Ivar and Donna Larson
925 N. County Line Road, Route 1
Berthoud, CO 80513
Subject: S - 348 - Request for approval of Minor Subdivision Final Plat on
a parcel of land described as part of Section 5, T4N, R68W of the
6th P.M. , Weld County, Colorado.
Dear Mr. and Mrs . Larson:
Your application and related materials for the request described above are
complete and in order at the present time. I have scheduled a meeting with
the Weld County Planning Commission for Tuesday, December 21, 1993, at
1:30 p.m. This meeting will take place in the Weld County Centennial
Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled
a meeting with the Weld County Utilities Advisory Committee for Thursday,
December 16, 1993, at 10:00 a.m. This meeting will take place in the
Department of Planning Service's Conference Room, Weld County
Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado.
It is recommended that you or your representative be in attendance at each
of the meetings described above in order to answer any questions that might
arise about your application.
The Department of Planning Services staff will make a recommendation
concerning this application to the Weld County Planning Commission. It is
the responsibility of the applicant to contact the Department of Planning
Services office a few days before the date of the hearing to obtain that
recommendation.
It is the responsibility of an applicant to see that a sign is posted on
the property under consideration at least 10 days preceding the hearing
date. Sometime prior to December 6, 1993, you or a representative should
call me to obtain a sign to be posted on the site no later than December
10, 1993. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property - under
consideration is not adjacent to a publicly maintained road right-of-way,
the applicant shall post one sign in the most prominent place on the
property and post a second sign at the point at which the driveway (access
drive) intersects a publicly maintained road right-of-way. Your sign
posting certificate must be returned to the Department of Planning
Services' office on or before the date of the hearing.
If you have any questions concerning this matter, please call or visit our
office.
g EXHIBIT
Sincerely,
Moni Daniels-Mika
Current Planner
940303
DATE: January 11, 1994
CASE NUMBERS: S-347 and S-348
NAME: Ivar and Donna Larson
ADDRESS: 925 County Road, Route //1, Berthoud, Colorado 80513
REQUEST: Minor Subdivision Final Plat (Mt. View Estates #1 and Mt. View
Estates #2) .
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: The parcel is located approximately 1/4 mile west of the
intersection of Weld County Road 5 and State Highway 60.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services' staff that the
applicant has not shown compliance with Section 4.5.9 of the Weld County
Subdivision Ordinance as follows:
- This property is zoned A (Agricultural) . The Agricultural zone
district was established to maintain and preserve the agricultural
base of the County. This proposal will take 25 acres of irrigated
farm land out of production. The Comprehensive Plan attempts to
minimize the incompatibilities that occur between agricultural and
urban uses, and this request will not only increase incompatible
uses but will make current farming practices in the area far more
difficult. Additionally, the potential for increased interference
is probable.
- This proposal is not consistent with the Agricultural zone policies
in the Weld County Comprehensive Plan. This proposal is located in
the A (Agricultural) zone district and is evaluated under the
Agricultural Goals and Policies. A goal of the agricultural zone
district is to encourage residential development to locate adjacent
to existing incorporated municipalities. The parcel is located
approximately 1 1/2 mile from the city limits of Loveland, however,
the city of Loveland does not consider this parcel to be a part of
their Urban Growth Boundary. It is the opinion of the Department of
Planning Services' staff that the approval of this request
encourages "leapfrog" or noncontiguous development in a rural
location.
_ EXHIBIT
RECOMMENDATION, S-347 and S-348
Ivar and Donna Larson
Page 2
This request does not represent efficient and orderly development
nor does it demonstrate compatibility with existing surrounding land
use in terms of general use, scale, density, traffic, dust, and
noise. The current general use of the surrounding area is
agricultural. The scale and density of the proposal far exceeds the
current nature of the area. Based on census data this site will
generate 26 additional people in this area. With an increase of
density, noise levels , traffic generated, and general overall
appearance of this area will change from rural to urban.
The soil is mostly Nunn Clay Loam 1 to 3 percent slopes. This soil
has fair to poor potential for urban development. It has moderate
to high shrink/swell, low strength, and moderately slow
permeability. These features create problems in dwelling and road
construction (United State Department of Agriculture, P.26) . These
same concerns have been addressed by the Health Department and CDS
Engineering. The Health Department has received additional
information to determine the suitability of septic systems, however
CDS Engineering has stipulated the need to provide geotechnical
investigation and engineered foundations for each lot.
While clay soil performs poorly for urban development. This soil is
also classified as prime farm land. As such, this ground plays a
vital role as the county' s most important natural resource (U.S.
Agriculture Soil Conservation Survey, National Soils Handbook) . The
Comprehensive Plan calls for the preservation and expansion of prime
Agricultural land. In fact, the Comprehensive Plan stipulates that
if development is suggested for prime agricultural land appropriate
alternative areas should be sought.
John Donnely, P.E. , contractor for the applicant has suggested that
these two pieces of ground are no longer viable farms due to their
size, proximity to other housing, and lack of knowledge of nearby
residents. The size of the current parcels are similar (in size) to
other existing surrounding farms. By splitting these parcels into
9 lots, the applicants will invite even more people and children
into the existing farm area, thereby creating the possibility for
even more urban and rural conflict. More owners will further
increase conflict and confusion regarding the use of irrigation
water.
940393
RECOMMENDATION, S-347 and S-348
Ivar and Donna Larson
Page 3
Staff has received numerous objections both verbally and in writing in opposition
to this request. The major concerns regard: compatibility with the surrounding
area, character of the development, potential interference with agricultural
uses, safety issues and general concern for protecting the current agricultural
lifestyle of the area.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
940303
A Ili
fDEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845. EXT. 3540
WI g WELD COUNTY ADMINISTRATIVE OFFICES
C. 1400 N. 17TH AVENUE
GREELEY,EY, COLORADO 60631631 COLORADO
DATE: November 18, 1993
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: S-348
There will be a Public Hearing before the Weld County Planning Commission
on Tuesday, December 21, 1993, at 1:30 p.m. , in the County Commissioners'
Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado concerning the request of:
NAME: Ivar and Donna Larson
FOR: A Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mountain View Estates #2) for 5 lots.
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County
Road 5 and State Highway 60.
Your property is within five-hundred (500) feet of the property on which
this request has been made or you may have an interest in the minerals
located under the property under consideration. For additional information
write or telephone Monica Daniels-Mika, Current Planner.
Comments or objections related to the above request should be submitted in
writing to the Weld County Department of Planning Services, 1400 N. 17th
Avenue, Greeley, Colorado 80631, on or before the date of public hearing.
:EXHIBIT sr
4'm y'
a
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Ivar and Donna Larson
S-348
Thomas and Julia Frink
1756 State Highway 60
Loveland, CO 80537
Donald and Sally Curry
1712 State Highway 60
Loveland, CO 80537
James Gentry III and John Clagett
c/o James Gentry
1312 E. Tufts Circle
Englewood, CO 80111
GP Clark Co. A Michigan Partnership
c/o Bruce Peterson
1312 Greystone
Bartlesville, OK 74006
Dennis and Corajean Kuehl
1850 E. Highway 60
Loveland, CO 80537
Michael and Valerie McEntee
1842 E. Highway 60
Loveland, CO 80537
Lawrence and Mary Starck
1906 E. Highway 60
Loveland, CO 80537
John and Cindy Demott
23551 Weld County Road 5
Loveland, CO 80537
WR Saulcy, et al.
2425 S. County Road 9
Loveland, CO 80537
940303
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-348 for Ivar and Donna Larson in the United States Mail, postage prepaid
First Class Mail by letter as addressed on the attached list.
this 19th day of November, 1993.
940303
VI .
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ligI'\`. DEPARTMENT OF PLANNING SERVICES
PHONE(303) 353.3945. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAH O AVENUE
COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday,
December 21, 1993, at 1:30 p.m. for the purpose of considering a Final Plat
for a Minor Subdivision (Mountain View Estates #2) for the property
described below. Approval of the request may create a vested property
right pursuant to Colorado Law.
APPLICANT: Ivar and Donna Larson
LEGAL DESCRIPTION: Part of the Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: Minor Subdivision with 5 lots.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County
Road 5 and State Highway 60.
SIZE: 14.659 acres, more or less
The public hearing will be held in the Weld County Commissioners' Hearing
Room, First Floor, Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado. Comments or objections related to the above request
should be submitted in writing to the Weld County Department of Planning
Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above
date or presented at the public hearing on December 21, 1993.
Copies of the application are available for public inspection in the
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado
80631 - Phone - 353-3845, Extension 3540.
Judy Yamaguchi, Chairperson
Weld County Planning Commission
To be published in the Windsor Beacon
To be published one (1) tim by November 25, 1993
Received by: / /y
Date: yr-4763
LLL J J =EXHIBIT
WIT1(F nF PUB1 tr
HUM
Tho Weld County
Planning Commission
eM hold a pubic hearing AI•Y WAVTT OF PUBLICATION
on Tuesday,December
21, 1993'at 190 p.m. STATE OF COLORADO
for the purpose of
aenkerYp a Raul Plat sa
bra Moor Subdivision COUNTY OF WELD
(Mountain View Estates
#2) for the property described below. 1. IMITH HANSEN, of said County of Weld, being duly
Appeal of the vested
sworn,say that I am publisher of
fluty create •property right pursuant WINDSOR BEACON
▪Colorado Law.
APPLICANT: Ivor end a weekly newspaper having a general circulation in said
Donne Lanai County and State, published in the town of WD'DSOR,
LEGAL DESCRIPTION: in said County and State; and that the notice, of which
Part of the Section 5, the annexed is a true copy, has been published in said
P . Rof the 8th
P.M _ weekly for successive weeks, that the notice
Weld County, was published in the regular and entire issue of every
number of the paper during the period and time of
TYPE AND INTENSITY publication, and in the newspaper proper and not in a
OF PROPOSED USE:
Minor Subdivision with supplement, and that the first publication of said notice
s Iola •
was in said paper bearing the date of the
LOCATION : day of .21Q�yr;,�,,..LI, A.D., 19 9'3 and
Approximately
mile
west of the intersection the last publication bearing the date of the
of Weld Canty Road 5
e nd Sten idghnet'60. day of , A.D., 19_ and
SIZE: 14.659 acres, that the said WINDSOR BEACON has been published
more orless continuously and uninterruptedly for the period of 5
consecutive weeks,in said County end State, prior to the
The public hearing will
be held in the Weld date of first publication of said notice,and the same is a
Cawley Commissioners' newspaper within the meaning of an Act to regulate
Hearing Room, First printing of legal notices an advertisements, approved
Floor, Weld County May 18,1931,and all prior is ar as in force.
Centennial Center,915
Tenth aset, Greeley,
Colorado.Comments or otifecOons rented b the the
-.4e54.111.
above request should ` P USHER
be submitted in writing 1
to the Weld County // >`�
DeDanatnm of Planning Subscnbbd and sworn to before me this n[o ✓ day
Services, 1400 N. 17th of /1 -' -vn..L t 191.
Avenue, Greeley,
Colorado 80631,
been the ebote date or i2,7f2- %
presented at the public NOTARY PUBLIC
hearing on December
21.1993. 4, , 2 / 99�
My commission expires J�c"`/�f
Copies of the
application are at
tw public inspection in
the Department of
Pelting Services.1400
• N. 17th Avenue,
Greeley, Colorado
80631 - Phone -353-
3845,Extension 3540.
Judy Yamaguchi. ?cv�nly c l�`I)� 1 �1
Chalrperaon, Weld of U1l lL++�l rr °°�(-�-
County Planning Commission I�9,
NO`l3n 1 Published In the
Windsor Beacon on ------- - - -`
Newmber25,1993. weld raunrj Planning
940303
LAND-USE APPLICATION
SUMMARY SHEET
['J Date: December 10, 1993
CASE NUMBER: S-348
NAME: Iva" and Donna Larson
ADDRESS: 925 N. County Line Road, Route #1
Berthoud, CO 80513
REQUEST: Final Plat for a Minor Subdivision (Mt. View i ,
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and
State Highway 60.
SIZE OF PARCEL: 10.65 acres, more or less.
NUMBER OF PARCELS: 4 parcels
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS :
The criteria for review of this Special Review permit is listed in Section 24.3 of
the Weld County Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following
agencies:
1. Colorado Oil and Gas Conservation Commission
2. Berthoud Fire Protection District
3. Weld County Health Department
4. Weld County Engineering Department
5. Weld County Attorney
6. Home Supply Ditch Company
The Department of Planning Services' staff has not received referral responses from:
1. Colorado Geological Survey
2. Colorado Department of Transportation
3. Handy Ditch Company
4. City of Loveland
5. Larimer County
The Department of Planning Services' staff has received letters of objections from
surrounding property owners, Hazel M. Carlson; Cindy DeMalt; Donald and Valeria
Brehm; Steve Olander; Lawrence and Mary Starck; and Dennie and Jean Kuehl.
2 EXHIBIT
1 I.
FIELD CHECK
FILING NUMBER: S-348 DATE OF INSPECTION: December 2, 1993
APPLICANT'S NAME: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision (Mt. View #2) .
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5
and State Highway 60.
LAND USE: N Single family farm.
E Single family farm, horses, small pond.
S Single family farm.
W Single family farm.
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access if off of State Highway 60. The site is flat. The shared access is
narrow and long. The property to the east will be facing the subdivision. The
surrounding properties are rural in nature. The site is presently in alfalfa
and grass. The site appears to have some type of irrigation water. There may
be some drainage problems associated with the proposed road and the property to
the east. The property does have one access off of Highway 60.PlittMonica Daniels- tika, Current Planner
.EXHIBIT
7
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
December 16 , 1993
A regular meeting of the Weld County Utilities Coordinating Advisory Committee
was held on December 16 , 1993 , at 9:00 a.m. , Conference Room, Weld County
Administrative offices , 1400 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Doug Meiby, Vice-Chairman.
Tape 19
MEMBERS PRESENT
Doug 'Selby Evans Fire Protection District
Gene Rempel Public Service Company
Don Carroll Weld County Engineering
Sue Skaley U.S. West Communications
Cody Woolridge Central Weld County Water District
Also present: Monica Daniels-Mika, Current Planner, Department of Planning
Services, Sharyn Ruff, Secretary.
CASE NUMBER: S-347
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mt. View Estates #1) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road
5 and State Highway 60.
CASE NUMBER: S-348
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road
5 and State Highway 60.
CASE NUMBER: S-349
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Whitetail Estates #2) .
LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown.
EXNIBIT
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
December 16, 1993
Page 2
CASE NUMEER: S-350
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Whitetail Estates #1) . •
LEGAL DESCRIPTION: The E2 NW4 of Section 14, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown.
Extensive discussion regarding above cases included road and easement concerns.
Gene Rempel moved to approve the plats with changes resulting in including 15
foot easements aside from the 10 foot drainage/postal easements shown on the plat
with interior easements on both sides, prior to the Planning Commission Hearing
on December 21, 1993. Cody Woolridge seconded the motion. The Vice-Chairman
asked the members of the Committee for their decision. Motion carried
unanimously.
Respectfully i
aryn R f
Secretary
A
.940303
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill O'Hare that the following resolution be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that
the application for:
CASE NUMBER: S-347, Mountain View #1
NAME: Ivar and Donna Larson
ADDRESS: 925 N. County Line Road #1, Berthoud, CO 80513
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and
State Highway 60.
be continued, upon the need to obtain an additional access permit onto State Highway 60.
The applicant would like to continue the case until January 4, 1994, which is the next
Planning Commission Meeting.
Ron Sommer seconded the motion.
VOTE:
For Passage Against Passage
Bill O'Hare
Shirley Camenisch
Bud Clemons
Ron Sommer
Richard Kimmel
The Chairperson declared the resolution passed and ordered that a certified copy be
placed in the case file .
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby
certify that the above and foregoing resolution is a true copy of the resolution of the
Planning Commission of Weld County, Colorado, adopted on December 21, 1993.
Dated the 21st o ecember, 1993.
4 EXHIBIT
•
Sharyn F. Ruff
Secretary
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons that the following resolution be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that
the application for:
CASE NUMBER: S-348 (Continued from December 21, 1993)
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district
(Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5 and
State Highway 60.
be continued, based on the request of the applicant and the recommendation of the
Department of Planning Services' staff to January 18, 1993, at 1:30 p.m. , to allow time
for the applicant to address the concerns of the Colorado Department of Transportation
regarding an access permit.
Ron Sommer seconded the motion.
VOTE:
For Passage Against Passage
Richard Kimmel
Bill O'Hare
Shirley Camenisch
Ron Sommer
Juliette Kroekel
Tom Rulon
Bud Clemons
Judy Yamaguchi
The Chairperson declared the resolution passed and ordered that a certified copy be
placed in the file.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby
certify that the above and foregoing resolution is a true copy of the resolution of the
Planning Commission of Weld County, Colorado adopted on January 4, 1994.
d the 4th of Jan 994.
EXHIBIT
Sharyn F Ruff
Secretary �y�
-'S ENGINEERING CORP. 66" '24 P. 02
CDSEngineering Corporation
December 16, 1993
Mr. Ivar Larson
925 N. County Line Rd. , Rte. 1
Berthoud, CO 80513
RE: Preliminary percolation test results for Mountain View
Estates #1 and /2, Weld County, Colorado.
CDS Project No. 7489
Dear Ivar:
This letter is to give the percolation test results from
the tests performed at the above referenced subdivision.
Attached are the test results and approximate test hole
locations. The final reports will follow shortly.
The percolation test results varied from 15 to 60 minutes
per inch, with an average of 41 minutes per inch. Therefore,
a bed absorption area of 372 square feet per bedroom is
required for the site. Furthermore, no groundwater was
encountered at a depth of eight feet (8') .
If you have any questions concerning this information,
please contact our office at (303)667-8010.
Sincerely,
CDS ENGINEERING CORPORATION
J F. Donnelly, 8.
t .
1714 Topaz Dr..Suits 215•Loveland,CO 80737•(303)6678010
EXHIBIT
DEC 16 '93 16:00 6678024
3
3 ENG1 17141 Topair,P#215 66'
' 24 P.0%c,l,
LOVELAND, CO 80537 •
•
•
Time pN l I PH ; P14 3 PH4 PN5-
Depth 3., ," ,
2. ;r• 414r6.. Z./
tea `/;c"
• 8''r/v ,_ ia55/M It( is Itt It
p:a CA399 x^407; J:vg •1113_,11n.. 5 r3: 's- A'
ass/it 1 1114 21-3ar r Zo'' 2_r'/
9,-.7 a 1 sil Y;M.o � ` � 3 `t a- %r 3;`ice e
-
r{ :O14"" 7' 6U 5 11 N 4l v ye: )2 '
Y 'Crq t(
9.1.."5r`5 .. Z! I/z'� 4 4�33-3,,rLb ;x r' je33/s,
• . Atned.4O Ign C-.fl 1:35 Pi_ . 3. eon" VS ,
gY:si/+ �arVk 3Y 3/`'r tt r,' d
W'rl/r' 3 C-� r•1,, 2-20,6 v y ee:.' Dp y, -55 is r:‘ /
/9f/s 2.ci tffL-`•- 3..f j.Vh C.- 31 '2-
i—zit"X15 tzt,r r+rt
zest,r-1 r 3 t c/v�'
Pr ptz-
•
Saturated (four-hour) percolation rates are :
?MI 2/¢ ' In 30 Minutes = qo Minutes Per Inch
p;� 3 54In 30 Minutes = qR Minutes Per Inch
4tA 3/4 In ' 30 Minutes o Qv Minutes Per Inch
?r.4 a In 30 Minutes = (5' Minutes Per Inch
D1y5 �4. 40
Project : _ ;!Joyce.., * I Project Number :
Location of Project :
Pr
•
Technician : Date : Icy OS Jt
/
•
DEC 16 '93 16:01 6678024 PRC .003
940303
S ENGINEERING CORP. 66 24 P. O14+
+R CDS ENGINEERING CORP. 7.)
1714 Topaz, #215
LOVELAND, CO 80537
L /� i
Al I plc lr,S l./ ", ft t J C�PV N• _
Time PH% f ' PH7 PRE PI-} 3 _ PH /0 .
Depth y.3" I ini 6" y -3' ce et' 3
rat
I [ ;yo c;.37 i t.fl- z;ss.
F/L.L.. -el on I 2 3:'o Id 3°'? `t max' - E'� 3•.os Li
l4- " I " 28'' Z,,II ua
SJrl 3:Ya in 8,4 3. 3'x- 'fit 3-3. •�
Zv k*--^�(...f f I x:Z3 sAy° c--- 11 Ui`i : z s !s 3} 3/
yrfgfj5sq �`{:.z3Z6 -- [�3ts48`l
I:Y0 Ita .. 9 r-, 3/ - v � - it i
2c-7.14L-- 32.44- Ii- 'W,.th.M 2.9 1/
2k (r^Y.� -Sze t i 221)!1 •
I ,
i II I• I
ter'
C •
Saturated (four-hour) percolation rates are:
•
°`.,
1116 k.� 4,0 hti LlIn 30 Minutes = Minutes Per Inch
U
Pill I "a In 30 Minutes = .C;(3 Minutes Per Inch
DHsy 3/4 In ' 30 Minutes = ��� Minutes Per ZncZ'.
` Pn9 3/ In 30 Minutes = 4(5 Minutes Per Inch
91410 3/s i
• �
Project �.+r�,:`� ('f'T/Asi1/ P.^i; Number
Location of Project :
Date 13/1 X93
Technician
l
DEC 16 '93 16:01 6678024 PRCE.004
340303
,S ENGINEERING CORP. 66-* `24 P. 05
1 i
• Crem Jac er cLuuo f, D
T pert MS RiAr]K drn
it 4-
LOT ,3001
. -r?A 1
..
iit saw.art
aI
ii
L ii PP:
�j
\Y T 'I LOT 2 3L Il.
!116..0.4 gee roam Ott J:aTaN Cr mom raw
: �i I 'S ISSIAL VT10112.TA.a61q �� i/
•
•I ' I yl.T 310460114.1634D0 `ti ��1j//��
:i , Ir ROADWAY .'f/''`L / P
v
II.I LOT �" ` ✓/I
'P N..R.isirany.A ' C I-
,! 1 t
li
4
I! LOT 7 I
168 •
• maths VIM MOM t II
11 ,
a Y" it
14.1010070. LOT 1 i sin
4ert l-- m eddeAn m n I
1 (I; i j
Iii rati LOT 2 I
:I u°ee.66.`a1000 ! SCALE: 1'-300' .
I
.
LOT jel 1.00.1161 N 6016uV f 6004
60802l4iaa�'-ie q 0 1
'I • 1 ^ IS POSTAL V1VPO.TWilaT0
I e.,'" In 0104660((8(0,01
I M1 nne IS RDIDWAY
E} 2 OTTwaratio 4iact .. EXHIBIT 2
I s - DRAINAGE PLAN
I i lr1 ;3.kI len
I \,� for
LOT
S0 Pq io MOUNTAIN VIEW ESTATES 1
il Newnra(.,aug0 •ii and
MOUNTAIN VIEW ESTATES 2
• mom,; momEa.6014 Nsaa Was
DEC 16 '93 16002 6678024 PAGE.005
940303
S ENGINEERING CORP. 66 24 P. 06
I
TABLE IV II
SUBSURFACE ABSORPTION AREA FOR DWELLING USE
Percolation Race Trench Absorption Area Bed Absorption Area Ill
Kin/inch Per Bedroom/Sq. Ft. Per Bedroom/Sq. Ft.
5.0 125 165 N
7.5 145 190
10.0 165 215
12.5 174 237li
15.0 183 260
17.5 200 271
20.0 209 282
22.5 217 293 III
25.0 225 303
...
27.5 ..._.. ---- ...._ _
.. .. .. .. 243 3
32.5 258 340 IP
35.0 267 348
37.5 275 357II
40.0 284 - 368
p ty i ---'Y 42.5 293 377
45.0 300 388
47.5 308 397 II
50.0 316 410
52.5 325 422
55.0 333 435II
57.5 342 447
60.0 350 460
E. Dosing Tank: If used in a system, dosing tanks shall be watertight. II
The size of the dose, or the net capacity of the dosing tank shall
be 60% to 75% of the volume of the distributors dosed at one time,
unless a pressurised system is used. II
F. Lift Station: If used, shall be constructed of either concrete or
non-metal materials. The non-clog pump opening shall have at leastII
a two (2) inch diameter solids handling capability where raw sewage
is pumped or at least a three-quarter (3/4) inch diameter solids
handling capability if previously settled effluent is pumped.
II
Automatic liquid level controls shall be provided to start and stop
pumps at a frequency required by the design. Pressure pumps shall
be of sufficient strength to accommodate pump discharge pressure and
the pump shall be sized to maintain a velocity of two or more feetII
per second. Automatic air release valves shall be installed at high
points in the pressure line where necessary to prevent air locking.
A storage basin preceding the pump shall be provided to allow pumpll
cycling commensurate with pump design capacity. '
G. The minimum horizontal distance required from cut banks and fill
areas to I.S.D.S components discharging effluent into cr onto the
surrounding soil shall be four (4) times the height of the bank,
measured from the top edge of the bank (See diagram on next page).
II
30
II
DEC 16 '93 16:02 6678024 PAGE.006
940303
BACON LAKE FARMS
Colorado and Kansas
War W.and Donna M.Larson. Owners and Operators
925 North County Line Road, Route 1 Berthoud, Colorado 80513
December 20, 1993
Ms. Monica Daniels-Mika, Current Planner
Department of Planning Services
Weld County Administrative Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Addendum to Covenants of Mountain View Estates 1 and 2
Located in Portion of Section 5-T4N-R68W
Dear Monica:
The following portion of the Mountain View Estates 1 and 2 Covenants are amended as
follows:
ARTICLE H, LAND USE CONTROL
2.17 Building Location. This paragraph is deleted and replaced with the following:
"Unless otherwise approved by the Architectural Control Committee, no building shall be
located on any lot nearer than 100 feet (100') to the front lot line, nor twenty five (25') to
any side lot line. No building or any portion thereof including eaves and overhangs shall
ever encroach upon any adjacent lot."
If you have any questions, please call.
jcerely, t 532,24,,,j4
Ivar W. and Donna M. Larson 532-3361
[I -:'EXHIBIT
sittigor
rat.
DEC 29 '93 16:55 (VAR & U)+I t &t4 -tr X3361 TO: 303 351 0978 P02
BACON LAKE FARMS
CaIndo ad Xmas
Mt M.ad Dmae M tar Oren ad operas
f 925 North County Lice Road,Route 1 Berthoud,Colorado 80513
December 29, 1993
{
Ms. Monica Daniels-Mika, Current Planner
Department of Planning Services
Weld County Administrative Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Mountain View 1 and 2
A portion of Section 5-T4N-R68W
Request for Continuance until January 18, 1994
Dear Monica:
CDS Engineering completed the drawings moving the road entirely onto our side of the
property and the new application for access onto Colorado Highway 60 was delivered to the
Colorado Department of Transportation on Monday, December 27th. Teresa of CDOT
called yesterday and said it would take at least one week to process the permit, or
approximately January 3rd. Therefore,we request your permission to postpone the date of
our hearing before the Planning Commission until January 18th.
• If you have any questions, please call.
Sincerely,
Se44-, 4)041-7a, 9)(a-m-2C4-\----
Ivar W. and Donna M. Larson
•
[ C29t993 DE I
Weld County Planning
Jl EXHIBIT ;
DEC 29 '93 15:56 3035323361 I le,
940303
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION OT,
Region 4
1420 2nd street
P.O. Box 850
Greeley,Colorado 80632-0850 Weld Co . , SH 60
(3031353-1232 Mountain View Est . 1 & 2
W. of WCR 5, S. Side
MP 2 . 809 , Rt .
Access Permit # 493088
This letter is being provided to all effected property owners.
Letter is distributed to those owners by way of Certified mail,
December 21, 1993 .
December 20 , 1993
Ms . Monica Daniels-Mika - Current Planner r C --
Dept . of Planning Services
weld County Administrative Offices DEC 2 3 1993
1400 N. 17th Ave .
Greeley CO 80631 Weld County Planning
Dear Monica,
This correspondence is provided in order to clarify the
Department' s position in regard to some issues which have been
raised with State Highway Access Permit # 493088 authorizing an
access for permittees, Ivar W. Larson and Donna M. Larson for
their Mountain View Estates 1 and 2, and the properties to the
east of the proposed subdivision. I have had calls in regard to
issues at the site, and this letter is intended to clearly
present the Department' s requirements in regard to any changes of
access which occur in the vicinity of that site, both for the
Larson property and for the adjacent properties to the east .
The State Highway Access Permit issued November 1, 1993
authorizes access to serve 2 existing single family dwellings
(those to the east of the proposed subdivision) , and 9 additional
dwellings of the Mountain View Estates Subdivision. That access
is a joint access provided by a new private access road
identified as Mountain View Lane . The Permit shows the lane
centered in two 30 foot access easements, one easement strip on
each side of the Larson' s east property boundary.
There seems to be some confusion in regard to the legality
of the 30' access easement which is shown to be provided by the
adjacent property to the east . The Final Plat and the
Preliminary Road Plan and Profile for Mountain View Estates 1 and
2 have been incorporated into the SH Access Permit, and both
clearly show the two 30 foot easements along the boundary. The
Preliminary Road Plan also indicates an existing access for
single family residential use just east of the boundary, and an
agricultural access just west of that boundary. The east
I EXHIBIT
93
Ms . Monica Daniels-Mika
December 20 , 1993
Page 2 of 3 Mountain View Estates 1 & 2
existing access serves a property which fronts the highway, and
another property further to the south. Development of the Larson
property planned for the authorized joint access design. The
Permit which has been issued requires that both of those existing
accesses be removed. As the Plat shows the 30 ' easement provided
by the east property, the property owners served by the existing
access were not requested to sign the Permit . Now, it seems that
the adjacent owner (s) are dissatified with the plans for access,
and have stated that the 30 ' easement is not a legal easement .
Any activity in regard to State Highway Access Permit #
493088 shall result in the access drive as permitted and
authorized 11-1-93 . That Permit authorizes use by the adjacent
property owners to the east, as indicated by the access easement ,
and as clearly stated on Form 101 . That access shall be
constructed as a 24-foot access road centered on the property
boundary and thus centered in the 60-foot width provided by the
two 30-foot easements . Any change of access for any property at
that site which does not strictly agree with the Permit will be
an illegal access . If it is determined that the access which has
been authorized will not serve the properties, the permit process
must begin anew, and Permit # 493088 will be VOIDED at the
written request of the permittee . The issue of legality of the
easement may have been sufficiently resolved as stated in the
Memorandum dated December 13 , 1993 . Mr. Larson has FAXed the
Memorandum to my office this afternoon. This appears to satisfy
my office, and a subsequent access application would exclude that
prior easement . I recognize and accept the possibility that the
easement might be proven to be legally non-existent . As the
future purpose of the easement (i .e . -access for a specific land
use) was not identified on the Plat, it is possible that
originally it was not considered that access would be provided to
anything more intensive than an agricultural or single family
use . The subdivision use (for 9 lots) may add such a level of
increase of traffic so as not to be reasonable to be provided by
the original easement . Thusly, I ask that the applicant provide
to me a written explanation for the ways in which the traffic
increase due to the subdivision would compare to the level of
traffic which may have been anticipated there. I require this
documentation prior to the issuance of any subsequent permits for
that vicinity. This gives the Department an additional
explanation for overlooking the originally shown easement in the
possible re-application process . Monica, please provide me
confirmation that the issue is resolved to the satisfaction of
the County prior to the imminent re-application process (es) .
I have reviewed this issue today by telephone with Mr.
Larson, the owner of the proposed subdivision. A representative
of my office has been requested by Mr. Larson to meet with the
Larson' s engineer on December 22nd in order to review the
possible resolution of access for their subdivision. This field
review is required even though an access currently serves the
940303
Ms . Monica Daniels-Mika
December 20 , 1993
Page 3 of 3 Mountain View Estates 1 & 2
property, as the property is to experience a change of use with
development . Access design is site specific . Any access permit
which is issued for changes of access at the Larson property must
be tied to a specific land use with detailed plans for that
access .
A review of the existing residential access for the east
properties must be conducted in order to ensure that the access
is fully off of the Larson property. If there is any need for
adjustments to that access, it is required that the adjacent
owners contact this office in order that their access needs can
be reviewed with us . Any change of that access condition which
is not directly linked to the recently authorized Permit must be
made only through a separate access application and permitting
process which is initiated by the property owner (s) .
Please provide me verbal or written notice of your position
in regard to these issues at the earliest possible time . (to
Dean Yost or Gloria Idler - 350-2113 ; or Teresa Jones - 350-2163 ,
in person or by message machine, or by FAX to T Jones at 350-
2198)
Sincerely,
l
( ere . Jones
Region Developmj /Access Coordinator
TGJ
xc: D. Yost
J. Springer
file
Distributed to all effected property owners by Certified
Mail :
Mr. and Mrs . Ivar Larson, 925 County Line Road/Route 1
925 Berthoud CO 80513 (FAXED 12/20/93)
Mr. and Mrs. Dennis Kuehl, 1850 E. Hwy. 60,
Loveland CO 80537
Mr. and Mrs . Mike McEntee, 1848 E. Hwy. 60 ,
Loveland CO 80537
CDS Engineering, Attention - John Donnelly, 1714 Topaz
Drive, Loveland CO 80537
940303
VEEMAN DAIRY
Registered Holsteins
•
23850 W.C,R. 7
.� Loveland. Colorado 80537
ANDY VEEMAN MIKE VEEMAN DEREK VEEMAN
(303) 669-3752 (303) 587-2032 (303) 669-6180
eng_T‘
To: Department of Planning Services
`BEC
Weld County Commissioners ..♦♦ DEC t 5 1993 11
From: Veeman Dairy Ld
3350 a 7 Weld Can jPinning
Loveland, Co. 80533
(:veld County)
Regarding: Proposed Minor Subdivision(Mountain View Estates #1 & #2)
it has come to our attention that Ivar and Donna Larson are
attempting to Subdivide two parcels of land; 10 and 15. 5 acres into 2.5
a_re h:me __ _ ..o . We oppose the approval of such a subdivision, as do
many :tn.:: .orrrounding n_i jhb-ors.
We are a family owned dairy farm milking 300 cows. With
young _ .-_.: wa have accr_aimately 11579 head on our farm. There are
several _- .' ____e livestock canilinies _n the general area. Within a
rive mile _a._._..., gross agricultural income excedes 20 million dollars
annuai..v. We are . concerned about com::atibiiity and conflict if the
very
al . iaale 17ricultural operation
,.or of :i3 for the
_.n'-. •v :.. �-.. ..�- _ , ]file a or rot .. is inevitable
. _ nnat .__ area tan remain
r,a rso�,< ..,,, -, . - _.i L. ..3e 'n rne•iUim si%ed -ots. ranging from
• - - _❑ '.via
•
:. .: . s.. . :.. :•.::..:. : a.:.l -__.:� ______s o:. our
•five-:_r_, EXHIBIT
[ I - .1
"Quality is Our Key to Progress" 940303
•
CITY OF LOVELAND
COMMUNITY DEVELOPMENT SERVICES
Civic Center•500 East Third•Loveland,Colorado 80537•(303) 962-2900 FAX•(303)962-2620 TDD
Planning Engineering Building Streets Solid Waste Admininstration
962-2523 962-2501 962-2505 962-2529 962-2529 962-2524
13 December, 1993
Monica Daniels-Mika
Current Planner
Weld County
1400 N. 17th Ave.
Greeley, Co. 80631
RE: Mountain View Estates 1 and 2 County Referral
This letter is to inform you that the above mentioned projects
are not within the City of Loveland's Urban Growth Boundary.
• Consequently, Loveland planning staff will not be providing
comment on this project.
Should you have any questions, please feel free to call me at
962-2521.
Respectfully,
Edwin W. ogre AICP
Chief P nner
City o Loveland
•
•
DEC I
DEC 15 1993 fi
Weld County Planning
EXHIBIT
Printed on ' /
wRecycled Paper
940303
. 1 .
Weld County Dept. of Planning Services
1400 n. 17th ave. A-' //, /9 y 3
Greeley, Colorado 80631
Re: Case ffS-347, and S-348 DECE 1.6 1993 ,
Dear Monica Daniels-Mika Wald County Planning
This letter is to protest the establishing of the Mountain View Estate I & II projects and to
refute some of the claims made by the CDS engineering corporation in their letter dated July 6.
1993 and received by your office by July 12, 1993.
The property actually consists of a portion of the East 1/2 of the Northeast 1/4, section 5,
T4N, R68W, 6th P.M. The first tract of 16 acres was sold to Lawrence H and Mary Starck
September 2, 1970. The Second tract of 16 acres was sold to Ronald H. and Judy Smith
October 6. 1970. The third tract of 5 acres, containing the original buildings of the short 80
acres, was sold to L&L, Inc. January 28, 1971. These were all transaction between T.R. Yelek
and Dwight F. Eaton and the above parties. The subsequent subdivision of the 40 acres was
made by L&L, Inc; re; Ivar & Donna Larson.
The proposed subdivision of nine, 2.5 acre tracts are not compatible with existing tracts.
The smallest of which is five acres. The present ten and fifteen acre tracts arc comparable in size
with the existing two 16 acre tracts bordered by Weld County Road #5. These tracts were
purchased originally for the rural aspect and the prospect of nine homes in a row with all of the
problems they would bring, you might as well live in town.
It is stated; " The applicants Ivar & Donna Larson have owned this property since 1972
2
and have continuously fanned it". They have never farmed it, with the exception of the last two
years during which they never irrigated it. Prior to that it was leased to farmers in the vicinity and
could be again. There are at least three farmers, Keven J. Bristal who leases the Gentry farm that
adjoins th:: proposed subdivision on the West, Steve Olander, immediately North of the property,
and Don Brehm who lives East of the property, and farmed the subject property since i 7k and
probably before with the exception of the last two years mentioned above.
it is also hated that present tract owners arc not knowledgeable concerning ini_ation and
arc not raising cash crops. How '•-rs. the knowledge of agriculture irrigation of the present nwntr..
determined and since when is cash crops " the only agriculture endeavor? At least tour of the
present owners have livestock enterprises. if present owners can't handle the local irrig_7tiun
s.:tcai. how do you jii tif: nine new owners on smaller parcels?
'fhe main concern is the addition of nine septic systems each on a 2.5 acre parcels. The
average water consumption for a family of four is 6,500 gallons per month per tract times nine
equals 53.500 gallons per month as per Laurie D'Audney of the City of Loveland Water Dept.
The water table is between 3-4 feet. The general drainage of the area is North easterly.
EXHIBIT
I
This puts the five parcels on proposed S-348 to directly impact the water quality of Twin
Mount Reservoir. This is a closed lake with no outlet and furnishes supplement irrigation and
water for domestic animals for three parcels adjacent to it, and additional wildlife such as geese,
ducks, loons, racoon, fox, coyote, muskrats, and numerous wild birds. What happens when these
parcels are irrigated over the septic systems leach field 1-2 feet below the surface? It doesn't take
an engineer to figure that out. Also isn't it self serving that the applicant is also the engineer that is
certifying the perk-test? In view of the fact the parcel in question hasn't been irrigated in the last 2
years? what about the timing? The Lake Ditch runs approximately 5-6 months during irrigation
season. During the fall and winter months it finishes water to the City of Johnstown. This is an
Earthen ditch approximately 20' wide and 10' deep so it carries a large quantity of water and
crosses the parcel at the Southwest corner. It no doubt contributes to the ground water level.
In summary:
1. The 77 acres is adequately subdivided into compatible tracts as it now exists. If this
project is approved, does this mean the owners of the other tracts can divide their parcels into
comparable tracts? Also the nearest approved subdivision in Weld County , approximately 1 14
West on the South side of highway 60, was divided into 6, ten acre parcels (Inhen).
2. The applicants problems. if he has any, are the results of his own. He purchased this
acreage and choose to create "the long narrow parcels. He has been approached by at least two
parties to purchase this property. They both feel it would not be a problem to farm.
As for my knowledge of agriculture in Weld County, it dates back to 1923 when I grew up on the
family farm of 356 irrigated acres approxamatly 15 miles S.E. of Greeley. Snider Brothers E'air..
was operated by my brother and I from 1947 - 1977 on the entire mentioned acreage. It was
dissolved in 1978 due to health problems of my brother. My wife and I then bought the Smith
tract of 16 acres in 1979 and ran a small sheep operation, and raised corn. Again due to health
problems we sold to the DeXlotti in September 1992, but we still hale . ..,_
property.
Res ectfully,
Richard Snider q
940303
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940303
�, mEmoRAnDum : ,953
r
Nall nu,.t/Planning
WIND O Monica Daniels-Mika
T°Weld County Planning member 1, 1993
COLORADO
Fro,Aff Stoll, Director, Environmental Health
Sublet: Number: S-347 Name: Larson, Ivar & Donna
Section 05, Township 04 North, Range 68 West
Environmental Protection Services has reviewed this proposal. Septic Permits for
existing septic systems installed in the vicinity in the 1970's indicate
percolation rates ranging from 6 to 60 minutes per inch. This suggests heavy
soils which confirms the observations of Engineering Geology Report sumitted by
CDS Engineering Corporation on February 17, 1993. However, the actual
percolation results were not included in the application. The report also
mentions the presence of high ground water and at least one permit in the area
reports ground water at 5 feet. This is also confirmed by records on at least
one existing septic system where ground water was encountered at five feet.
However, the engineering report does not include any soil profile data
identifying the depth of ground water at the site.
The depth to ground water and the percolation rates are necessary data in
determining whether evapotranspiration systems may be required for the proposed
homes. Section 6.1.C. of the Individual Sewage Disposal System Regulations
states that "No new subdivision will be approved by the Division if greater than
25% of the subdivision's septic systems are proposed to be evapotranspiration
systems. The presence of high percolation rates and high ground water in the
area cause the Division to be concerned with whether the applicant can comply
with this point of the regulations.
Any recommendation for approval of this proposal would be dependent on the
applicant's ability to demonstrate that 25% or less of the proposed septic
systems will require evapotranspiration systems.
JLS/memo.js
j EXHIBIT
al
54 303
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY oeco
Di sion of Mineral.and Geology cif*
(_�.1
Department DI Natural ReSOUrCeS �i �
1 31 ; Sherman Street, Rm. 713 re/e
Denver.Colorado 80203
Phone',30 ii 86o-_'611 Roy Romer
FAX : 303, 566-2-161 Governor
Ken Salazar
Executive Director
Michael B.Long
Division Director
Vicki Cowart
State Geologist
and Director
December 16, 1993 WE-94-0013
Ms. Monica Daniels-Mika
Current Planner
Department of Planning Services
1400 N. 17th Ave.
Greeley, CO 80631
Dear Ms. Daniels-Mika
Re: Mountain View Estates #2
We have reviewed the materials submitted on the above referenced subdivision application,
the previous submittal and the overall geologic setting of the site vicinity.
Based upon the previous work at the site and the similarity of the proposed use we have no
additional comments and we have no objection to the approval of this application.
Yours very truly,
All(7'&44/LE -
Jeffrey L. Hyne
Senior Engineering Geologist
JH:B:\dln
\\t�\\ DEC 2u 19'93
iI EXHIBIT delb caanfi Planing
940303
TI 3IGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE
PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS
A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION SIGN POSTING CERTIFICATE -
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
/61OUNT7K,J Ulhu.)) 6s 7ArfeaF 2
BEFORE THE PLANNING COMMISSION HEARING FOR CASE # S-3 £I2f THE
SIGN WAS POSTED BY: L0UEEPP EE---___ �, (49--z
1 U,92 ¶ L-Ailzsorl
& REO
OF PERSON POSTING SIGN
F ICANT )
STATE OF COLORADO ) �coc�`
) ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS !I/ DAY OF idGd-n2'i-_- , 19 q 3
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES / l7/9S-- ,
LAST DAY TO POST SIGN IS: DFCC-rv, r% C-;L H , 19 Q3 .
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE
OF THE HEARING.
•
[4 " EXHIBIT
Dec 10 , 1993
MS . MONICA DANIELS-MIKA
Weld County Planning
1400 N 17th Ave .
Greely, Co. 80631
Dear Ms . Daniels-Mika
This letter is a request for denial . for a subdivision
of a plot of land which is located in the north east quarter
of Section 5 . township 4 north . range 68 west of the 6TH
principal meridian, Weld County. The case number is #S-348
applied by a Mr . Ivar Larson .
I have recently purchased the land that borders this
plot to the East , We decided to purchase property in Weld
County because of the obvious intentions of the county, to
keep subdivisions close to highly populated areas .
The 2 1/2 acre plots that are being proposed quite
simply are not compatable with the surrounding acreages .
This area is very important to agriculture , and the
proposal for a subdivision not only puts the above mentioned
plot in jeopardy, but the surrounding properties as well , as
there is inadequate domestic water supply, poor perculation
of septics , and the existing irrigation system will surely
not survive such a change .
I can only hope that the Planning Board will continue to
preserve our agriculture lands , and disapprove this proposed
subdivision .
Sincerely,
Mike and Valerie McEntee
- /)...,1Ca 7) QF..±e c
`YQ.�h /Y9'6-
D
• DEC 1 3 1993 [1
Weld County PHIMISE
EXHIBIT
-` ,
44.frik , mEmoRAnDum
WIID€. Monica Daniels-Mika
To Planning Date November 30. 1993
COLORADO From Donald Carroll. Engineering
Oji
sob;.o . Ivar and Donna Larson S-347 & S-348
I have reviewed the final plot for a minor subdivision in an agricultural zone
and have the following comments:
I am referring back to our prior memo dated March 16, 1993, on Mountain View
Estates #1 and #2. On that memo we were asking for several items. The items
that were addressed and completed from that memo were the road cross-section
culvert item, which is completed and adequate now, and also the technical data
support on the drainage information, which was supplied and which is adequate.
The issues that were not resolved were the dedicated right-of-way issues.
Please look at the memo for that information. These items are still an issue
with the Engineering Department.
cc: Commissioner Baxter
Drew Scheltinga
File S-347 & S-348
mmonica6.pds
4 ,EXHIBIT DEC e i 1993
Weld Nuttily Planning
940303
\` DEPARTMENT OF PLANNING SERVICES
PHONE (303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
�` 1400 N. 17TH AVENUE
RECEIVED GREELEY, COLORADO 80631
COLORADO N0V 2 2 1993
November 18, 1993 CASE NUMBER: S-347
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar and Donna Larson for a Final Plat for a
Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates
#1) . The parcel of land is described as part of Section 5, T4N, R68W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1/4 mile west of the intersection
of Weld County Road 5 and State Highway 60.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: itnal,CentillAgency: ( ey;YKiv,
Date: 'I - ail-G3 lOrg
r
DEC G 11993 L;
r� I ij
WPM county Planning 940303
FIELD CHECK
FILING NUMBER: S-348 DATE OF INSPECTION: /1 (30 /?1,3
APPLICANT'S NAME: Ivar and Donna Larson
CURRENT PLANNER: Monica Daniels-Mika
REQUEST: A Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mountain View Estates #2) .
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County
Road 5 and State Highway 60.
/� /
LAND USE: N n � t, �Q�^k
E ce l S � 41
W 144°
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
CO ENTSA n �./� `� ,' �
�r f' on irierod- an.• 51Lmy 11 t eal h,/
D L,777_`,;,_�,�r'
EXHIBIT I DE" 3 ' 1993
M1 J
p2� Weld^a¢rr;Planning
940303
/tact, Aim( -.--s
DEPARTMENT OF PLANNING SERVICES
OE(303) � .XT. 40
WELD COUNTYPH NA DMINISTRA353- TIVE45, E OFFIC35ES
7, " 1400 N. 17TH AVENUE
:= GREELEY, COLORADO 80831
Ar-
COLORADO
November 18, 1993 CASE NUMBER: S-348
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar and Donna Larson for a Final Plat for a
Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates
#2) . The parcel of land is described as part of Section 5 , T4N, R68W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1/4 mile west of the intersection
of Weld County Road 5 and State Highway 60.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. X ave reviewed this request and find that it
doe does not) comply with our Comprehensive Plan for the
ollowing reasons.44-4.5-t- 1➢ J ecaCit.iztrA0 ell
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. JC 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.
Signecj Cl�sG`j�r �74( Agency�B ' 1,7
Nv/sr- clic
Date: /7- `3-13- 7 /•? . * e�EUoi
1 EXHIBIT
SNOy 2 " 1993 11
volt'recur)Planning
940303
`DI144(1( EC WE
mEMORAnDum c2 DEC 1 0 1943
Weld County Planning
Wilk. Chuck Cunliffe
rn Planning hue - rch 16, 1993
COLORADO prom Drew Scheltinga, Engineering }('..,
s bjec,: Ivar Larson\Mountain View Estates #1 & #2
S-330 & S-331
I am reviewing Mountain View Estates #1 & #2 at the same time and including my comments in
the same memo.
The purpose of the minor subdivision as outlined under Sec. 4.1 of the Weld County
Subdivision Ordinance is to make the review process simpler when considering small
subdivision with a maximum of 6 lots. The submittal of Mountain View Estates #1 & #2,
having 4 and 5 lots respectively, is an obvious effort to create 9 lots and avoid the normal
subdivision process. These two platings should not be viewed separately and should be
required to be submitted as one application.
Access onto State Highway 60 will have to be reviewed by the Colorado Department of
Transportation. Considering the traffic on State Highway 60, and the traffic that would be
generated from a 9 lot subdivision, I suspect the State Highway Access Code will require the
construction of turn lanes.
The sketch plan indicates a 24' wide roadway inside a 30' dedicated right-of-way. This
leaves 3' on either side of the road which is not enough for any kind of maintenance. The
sketch plan also indicates a 25' easement on the west side and a 30' easement on the east
side. This leaves a total corridor 90' in width. I recommend a 60' right-of-way be
provided along with the appropriate utility easements on all perimeter and lot lines as
required by the subdivision regulations. The geometry and right-of-way of the cul-de-sac
is unclear. The easements for the lake ditch and the home supply ditch should be included
on the final plat.
The road cross section supplied is adequate with the exception of the 12" culvert size. I
recommend a minimum of 18" because of maintenance problems with smaller diameter pipes. The
sizing of the ditches should be included in the final drainage report.
There is no technical or support data provided with any of the drainage information. Brief
statements are made in an effort to address the requirements of Sec. 10.11. In general, the
conclusion is there will be no change in run-off or change in existing patterns. Those
conclusions may well be correct, but prior to proceeding to final plating all maps,
computations and technical support must be provided. For example, a ditch and culverts are
planned on the west side of the road that will drain a substantial area and direct it to a
crossing under State Highway 60. The adequacy of that system and the improvements will have
to be addressed. Also, there are existing irrigation ditches that will effect the site.
The information provided in this submittal is minimal. Therefore, at the time of final
plating there may be comments on items not apparent at this time.
DS\pds:mchuck
cc: Commissioner Baxter
S - 330 & S - 331 EXHIBIT
I943135
rp
DEPARTMENT OF PLANNING SERVICES
PHONE(303) 353. 45. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
,�•' GREELEY, COLORADO 80631COLORADO ... • ,,Ga
November 18, 1993 a CASE NUMBER: S-348
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar and Donna Larson for a Final Plat for a
Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates
#2) . The parcel of land is described as part of Section 5, T4N, R68W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1/4 mile west of the intersection
of Weld County Road 5 and State Highway 60.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5.X Please
refer to the enclosed letter.
Signed:,47) lja.+,7e/ r Agency: Coi..,ggao ()It 4 6,4s Cows. Cowin.
j
Date: U i. `
I EXHIBIT I E C I V E
aDEC 0 6 1993
weld tawny PlenMna
STATE OF COLORADO
OIL AND GAS CONSERVATION COMMISSION
SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES
Acting Director SUITE 380 LOGAN TOWER BUILDING
PATRICIA BEAVER 1580 LOGAN STREET
Technical Secretary DENVER, COLORADO 80203
(303) 894-2109 FAX ROY ROMER
(303) 894-2100 Governor
December I, 1993
Monica Daniels-Mika
Weld County Planning Services
1400 North 17`h Avenue
Greeley CO 80631
Dear Ms. Daniels-Mica:
Cases S-347 and S-348 have been reviewed by this office. We would like to point out that
there currently are producing oil wells to the north and west of the proposed subdivisions and
that the potential exists for further development of the mineral resources surrounding them.
Any development will of course be subject to applicable Rules and Orders of the Colorado Oil
and Gas Conservation Commission. Additional set back protection for the subdivisions could
be sought by the applicants if they apply to the Commission for High Density Area
designation. If you have any further questions please contact me at the above address or phone
number.
Sincerely�yours,
','�(
/'-o2� /LZ
Robert J. an Sickle
Petroleum Engineer
DEC IVE
DEC 0 6 1993
Weld County Planning
940303
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July 6, 1993
Mr. Chuck Cunliffe, Director
Department of Pia:m ng Services
1400 N. 17th Avenue
Greeiev, Colorado 80631
RE: Mountain View Estates I and II Minor Subdivisions
CASE #: S330 and S331
Dear Mr. Cunliffe:
This letter is drafted to present information to the Weld County Planning Department
relative to establishing the compliance of the Mountain View Estates Projects with the Weld
County Comprehensive Plan. The projects, as proposed, represent the minor subdivision
of two contiguous tracts in the YE 1/4, S.5, T.4N., R.68W. The projects have frontage on
Colorado Highway 60 and an existing public assess easement.
The two parcels of land are located in the Loveland Urban Growth Area. The properties
in the immediate vicinity are largely residential rural estate homesites, existing farm houses,
and mobile homes. At present, there are 14 homes located within one-quarter mile of the
property and the minor subdivision of the Lebsack farm is located less than one mile to the
east. The proposed subdivisions are compatible with the existing homesites in that the
proposed lots are similar to those in the area and the proposed homes will be of equal or
better quality than the homes which currently exist in the area. All services currently exist
in the vicinity of the site.
The applicants, Ivar and Donna Larson, have owned this property since 1972 and have
continuously farmed it. As you may or may not know, they operate several farms in
Colorado and Kansas. The Larsons are well aware of the agricultural characteristics of this
property and have first hand experience with how the development and building in this area
have made these parcels extremely difficult to farm. These parcels are long and narrow and
are bounded on all sides, except one narrow end, by residential property. Specific
difficulties which are obvious problems are indicated below:
1. Any spraying to control weeds or insects is virtually impossible due to the
proximity of houses and horses. Aerial spraying is impossible.
2. Loose horses from the neighboring estates have been a problem on crop land
from time to time.
j EXHIBIT
I 303
'opa: Dr _..'e 2'i _-d CC 80537•19031 C," .:c ia'��
It
Mr. Chuck Cunliffe, Director
Page 2
July 6, 1993
3. The local irrigation lateral system is used to irrigate these parcels as well as
the adjoining estates. Residents of the nearby estate properties are generally
not knowledgeable concerning irrigation and are not raising cash crops, hence
make the general effort required to irrigate these nvo parcels much more
difficult. Children from the adjoining estate properties have caused minor
vandalism to irrigation facilities.
The Weld Country Comprehensive Plan addresses the various concerns which the Larsons
have in the section entitled "Concerns of Farming as an Industry". The two tracts of land
proposed for subdivision are no longer economically viable farms due to their size,proximity
to other housing, and the additional production expense required to manage them due to
the reasons previously stated.
It should be emphasized that the proposed minor subdivision properties will be of similar
size and quality to the residential rural estate properties already existing in this area and
that these parcels are no longer economical or accessible for farming for profit. The
proposed subdivision will allow more compatible field irrigation of ail the homesites as the
distribution basis will become less critical without cash crops involved. The area is currently
served by public water, natural gas, State Highway 60 access and is within the Urban
Growth area to the City of Loveland.
The above facts illustrate that the development of the subject properties will be in
compliance with the spirit of the Weld County Comprehensive Plan.
Respectfully,
CDS ENGINEERING CORPORATION
hn F. Donnelly, P.E
JFD/dml
940303
V S V -tli- CI
V laii DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
•
COLORADO
November 18, 1993 CASE NUMBER: S-348
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar and Donna Larson for a Final Plat for a
Minor Subdivision in the A (Agricultural) zone district (Mountain View Estates
#2) . The parcel of land is described as part of Section 5, T4N, R68W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1/4 mile west of the intersection
of Weld County Road 5 and State Highway 60.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
/submitted to you prior to:
5. !� (�PPlease refer to the enclosed letter.
et l �� j�
Signed: e,.(1�jJ Agency: /61.1- Ai�4 .cY t-'--r /' ? Zc..r.47 Z "l
Date: -2 3-
4. EXHIBIT :C7lanni7n°
94 3 3
Mountain View Belgians
Dennis & Jean Kuehl
1850 East Highway 60
Loveland, CO 80537
December 9 , 1993
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Mountain View Estates I and Mountain View Estates II ,
Minor Subdivision Proposals
CASE # : S-347 and S-348
Dear Planners , Planning Commissioners , and County Commissioners :
We wish to dispute claims made in a letter from CDS Engineering
which claims to show that proposals for Mountain View I and II
subdivisions follow the Weld County Growth Plan. Many of the
statement are, at minimum, distortions of the truth.
First of all, the 80 acres of which this proposed sub-
division is a part is already divided in a reasonable manner.
The lot sizes being proposed (2 . 5 acres ) are not similar or
compatible with sizes of adjoining rural estate homesites, nor
with the continuing operation of the major crop land which entirely
surrounds this 80 acre subdivision. Maps to scale are attached to
show the present subdivision of the land and Mr. Larson' s proposed
changes. It ' s apparent that present lot sizes are similar and
compatible with adjoining acreages and crop land. The Lebsack
Subdivision which Mr. Donnelly referred to is in Larimer County,
1 1/4 mile northeast of Larson' s land, and the acreages are
larger: four 7 acre lots west of Rd. 7 and one 8 acre, two 12
acre, and one larger lot east of Rd. 7 . It appears that these
are also not similar to the lot sizes Mr. Larson is proposing.
Yes, Mr. and Mrs. Larson have owned the land since 1972 , as
stated, but they have not personally farmed it all those years.
For almost all the years since purchase, the Larsons have leased
the land to successful farmers in the area. The Reuben Brehm
family, succeeded by his son, the Don Brehm family, profitably
raised crops on this land for many years corn, soy beans, and
green beans. Mr. Brehm told me yesterday that he would still
lease it again if given the opportunity. Surely this man isn' t
raising crops just for the fun of it!
It was also claimed in the letter from CDS that "building
and development in this area have made this land hard to farm" -
we have lived beside the land in question for 16 years , and
have seen no building or development here, other than three pole
sheds for animal shelter and hay storage. What is suddenly more
difficult? Mr. Larson did personally raise alfalfa on the land
last year and he harvested 99 of the very large square bales from
this 25 acres, with no attempt to irrigate that we were aware of.
4 EXHIBIT
S-347 E S-348 , cons
John Donnelly claims in his letter to the planners that
aerial spraying is impossible on this piece of land. If this
is really a problem, how will adding 9 small acreage residences
impact operations by owners of the large crop land farms which
entirely surround this subdivision? Interfering with operation
of productive crop land certainly doesn't fit into the Weld
County Comprehensive Plan!
In 16 years, we have had few conflicts about the use of
irrigation water with neighboring landowners . The major conflict
was due to the fact that Mr. Larson constructed a new headgate
without consulting any of the users, and then billed us all for
it. We do consider the hay we raise a cash crop, as without it,
we would need to purchase an equivalent amount of hay to feed
the Belgian horses which we raise, train, sell, and use for
hayrides in the area. We usually have approximately 15 horses
at any one time, but Mr. Brehm can recall only having to call us
one time about our horses being loose on his cropland. The other
two main users of irrigation water grew up on irrigated farms
and are totally knowledgeable in this area. Both raised "cash
crops" - Dick Snider raised sweet corn to sell to the public,
and Larry Starck maintains grass for his sheep. who claims
If irrigation has been a problem for Mr. Larson,
to be knowledgeable in agri-business,
how will how w have 9li owners
oofno
small acreages (many of whom will probably
knowledge of how to irrigate) manage to use ditch water without
wasting it, and without interfering with the reasonable use by
adjoining farmers . "More compatible irrigation" will be achieved
if the present 10 acre lot and 15 acre lot are sold in their
present size, for rural estate homesites, as was intended when
the land was subdivided originally.
Mr. Donnelly in his letter claims that some of the only 4
children living in this immediate vicinity during the last 10
years caused "vandalism" to irrigation facilities and equipment.
If this is true, consider the impact of 5 - 10 more children
living, playing, and "hunting" in the same space. Those of
us who choose to remain here will still need to irrigate - the
developer is obviously not considering anyone else' s potential
problems.
Mr. Larson has suggested that if he doesn't get his way with
this small acreage proposal, that he may request a special use
permit for a high density feedlot. Since this is a large acreage
residential subdivision, this is also a bizarre and totally in-
appropriate idea. If he wishes to do something different with
his land however, he certainly stands to make a great profit by
selling the 10 acre and 15 acre lots just as they are. The 10 acre
lots in the Ihnen subdivision which you recently approved are
two miles closer to Loveland and are selling well.
940303
3-347 & S-348 , cont.
The letter from CDS Engineering states that this is within
the Loveland Urban Growth Area. It is difficult to say where
Loveland' s Urban Growth Area ends in this area. Loveland City
Council Members are at this very time struggling with a master
use plan for the land all around Loveland. I have spoken with
two city council members in the last two days, and they have
indicated that this area of Weld County is "delicate" to deal
with and will require some careful decision making. They spoke
of the need to work out some agreements with Weld County before
any further development takes place. (see attached newspaper
article) .
Maybe this prime crop land should never have been divided
at all, but for the reasons stated above, chopping it up into
ever smaller pieces will only serve to produce one very wealthy
person, create a drain on Weld County services in the distant
areas of the county, and interfere with operation of surrounding
crop land. It is certainly not in compliance with the spirit
of the Weld County Comprehensive Plan.
Weld County citizens have worked hard to produce a reasonable
growth plan. Now those same citizens need you as planners and
commissioners to carry out that plan.
Please deny this request for Mountain View Estates I and II.
Respectfully,
isi
Dennvs WLiKue 1^
/‹./2L„4_(:)._
Y can K. Kuehl
1850 E. HWY 60
Loveland, CO 80537
940303.
•
•
Councilors , planners
p
form • ..land=fuse- teams
two /a-7-9$
By Troy Turner
Reporter-Herald staff Wnter As city eyes growth,
•Loveland City Council members -
and planning commissioners split
up into teams Monday night as p I an n i n g g ro u p shrinks
part of a plan to complete a new . -
" land-use map. . . By Troy Turner the commission; and paten-
A joint session of the two gov- •
,Reporter-Herald Staff Writer . tially three, considering that
ernment bodies met for the sec- _ commission chairman Larry
and time after first seeing a pro- The Loveland Planning`Com- Walsh's appointment is about
posed land-use map Nov. 29..The 'mission finds itself short- to expire on Dec. 31. However,
city officials spent a week re- handed during one of its busi- Walsh has indicated to city of-
viewing and questioning items in eat times, ficials that he would like to be
the map and an alternative map, Normally, the commission reappointed, and most expect
both presented by Denver con- has seven members.But while .that to happen. .
suiting firm HNTB. ; the city is dealing with growth The vacancies come at a
The development of a final' as perhaps its No. 1 issue, the busy time for the commission.
land-use map has become a criti- Planning Commission is look-
cal issue in the future develop- .. ing to fill two vacancies in its The City Council and Plan-
cal Loveland. Once finalized, . membership. ring Commission spent Mon-
it will serve as a guideline for of- One of the vacancies was day night reviewing proposals
ficials on where to approve devel- for the next land-use map,
created by the loss of foster which will be a define for
opment and preservation. gm
Five subcommittees were Councilman Gary Hausman in development and preservation
formed Monday night, each with the municipal. elections, who in Loveland. •
two council members and one did not return to the council Many officials and residents
planning commissioner, and each and his role as council liaison are looking to the map for an ,
on the Planning Commission. 6
subcommittee will have city An
ordinance expected to be indication of how and where
staffers assigned to participate. approved by the City Council Loveland will grow.
The subcommittees will meet ',this week will eliminate the .. Also, an interim plan of
at various times during the next . council's requirement that a some kind likely will be used
month to outline specific issues council member serve on the while the map is developed.
and interests in their assigned commission. That's because of a continuing
area Their meetings will be The same ordinance 'also list of proposed developments
publicized once a meeting Galen- will require that all com seeking approval in.'Ifoveland
der is established, and the groups mission members be residents now. „
will meet together again in an- living within the city limits '""' ' Residents -interested in ap-
other joint session on Jan. 12. Former commission mein- plying The subcommittees and their p ying for one of the vacancies
members are: bar Sally Landes, appointed to on the Planning Commission
t ■ U.S. 34 corridor Council the commission in October, re- should contact the city man-
.members Owen ,Walters and; signed her post,because it was: ager's office at_962.2303. The
discovered that-she;livee just,. deadline for:'applying is Dec.
Lynda Nielsen,commission mein n
:ber David Lingle. , outside the city s boundaries "22, and,applicants•must llvec'
'-.'ru:Ai ort: Council members ,,g,,That leaves two openings or�, .,within the city Lmit9 � j lit}.
;•Forres ,Knox and ilreva.gd
r wa1'ds,iomfnission"tnembee.. '?'-sipni I` ; „ L s'uv�.: "�u.� I r .;.e yr *!I? ,
Mlelde:`r` ' -` i' c r aU'Natural areas;popenfspa e '.4duringMonday 'meeting.
c' t u;Annexation Council mein ' Council:members Cunningham
bens Alan Cunningham and Teff1 and Edwards, commission mem- Among other ofiquestion-
f. Peterson, commission member} rber Larry Walsh '; ing was future lc needs.Data
Barbara Liebler. ,,. ,`The officials volunteered for based on HNTB'$'foriginal•draft
',.. . Urban growth boundary.= the committees they were named map will be provided by city en-
e. Council members Ray Emerson to, and the five issues established gineers so that;the subcommit• '
and Rollin'.Clark; commission ;for special study were—selected' tees can figure it info their vari-
member Ronald Weaks. after discussion of top concerns ous studies. _9403°1hh
3
Mountain View Belgians
Dennis & Jean Kuehl immomm.,..
1850 East Highway 60
Loveland, CO 80537
December 9 , 1993
Weld County Department of Planning Services
1400 N . 17th Avenue
Greeley , CO 80631
RE: ROAD proposed for Mtn View I and II Subdivisions
CASE a : S-347 and S-348
Dear Planners , Planning Commissioners , and County Commissioners :
We have owned land adjacent to the property proposed for
subdivision for Mtn View Estates I and II since 1977 . At the
time we purchased it, there was no indication of an easement
agreement with any landholders to the west. Ivar Larson did
not record this agreement until 1982 , five years after our
purchase. The easement has never been shown on our legal
plat of our land. The easement agreement which was recorded
was an agreement between two landowners , not intended for
use by owners of nine small acreages . We plan to question
in court the legality of the expanded use of this easement.
It appears that Mr. Larson has planned for the road for
this subdivision to be halfway on our land. Mr. Larson, when
he first talked about possibly using this piece of land, indicated
that he would charge McEntees (who do have legal right to this
road for access to their property, w—Rich is directly north of
ours) and Kuehls for"improving our road" . We are concerned
that he may still try to do this . We are very satisfied with
our road just the way it is . It costs us nothing to maintain
because we grade it and remove snow using horsepower (the
Belgian horses which we raise) and horse drawn implements.
The proposed covenants for Mountain View Estates I and II plans
for the 9 landowners in the subdivision to maintain this road.
There is no mention et all of the two landowners to the east (McEntees ,
who will continue to use this road. It seems that this will E Kue
bring a lot of conflict to the neighborhood. For example, if
the "homeowners ass 'n" decides the road needs more gravel, will
they expect us to help pay, since half of it is on our land?
If they don't maintain it to our satisfaction, do we then have
to maintain it for traffic from nine residential homesites?
That will probably mean between 15 and 20 more cars traveling
up and down this road each day.
940303
s
ROAD, cont.
S-347 and S-348
The proposed covenants for Mtn View I and II subdivisions
do not allow "any materials to interfere with maintenance of
their utilities", yet Larson plans to run his road right over
our water line and natural gas line. Our water line has
needed repair in the past from vehicles turning around on it.
Will these subdivision dwellers want "their" road dug up if
we need to repair a water line or look for a leak?
Having half of the road on our property will mean moving
the irrigation ditch which has run along the property line
for at least 20 years . It would need to be moved east of
the road in order to irrigate our fields. This would put an
irrigation ditch right through the center of our farmyard. We
iiill be unable to turn around our two ton truck and 30 foot
trailer or the semitrailers that occasionally visit our farm.
I doubt that Mr. Larson is planning to enclose this ditch at
his expense, and if he does offer to do this , will he then
also be willing to pay to keep silt out of this enclosed
pipe crossing our yard?
One very large 16 year old tree would need to be cut down
if the road goes where Larson proposes .
There is no indemnity clause in the covenants to protect
us from lawsuits from a subdivision dweller who becomes injured
while driving, biking, riding horse, (or whatever) on our side
of the property line. This is putting us at risk in order to
save Mr. Larson the money of building his own road entirely on
his own land. If he wants to reap these huge profits from
subdividing within an existing subdivision, he should at least
be required to not complicate the lives of surrounding landowners
with conflicts over maintenance and risks of lawsuits.
This proposed subdivision is harmful to our welfare in
another way. We do hayrides for community groups with our
Belgians as part of our business. We use roads and fields
immediately within this vicinity. This is a significant part
of our income during some years . Who will want to go on a
horse-drawn hayride when it begins to look like a small city
around here?
We respectfully request that you vote for denial of
this poorly planned subdivision proposal.
Sincerely,
LJ
Dennis W. Kuehl
an K. Kuehl
1850 E. Hwy 60
Loveland, CO 80537
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F 6846 MARY ANN FEUERSTESN CLERK 6 RECORDER WELD CO, CO x
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March 214, 19TI.
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The total 6o foot wide ea.enent would has a enter line "
811.241 meat of the I.7. at the B.I. coma of Section 5,
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2537.64 tat. ,,........::,:.•.•••-‘•Z :
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, ; 940303
23520 Weld County Road 5
Loveland, Colorado 80537
December 10 , 1993
Ms . Monica Daniels-Mika
Current Planner
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Ms . Daniels-Mika:
The purpose of this letter is to register my protest
against the proposed subdivisions referred to as Mountain
View Estates I and II located in the NE 1/4 , Section 5 ,
Township 4 North , Range 68 West, Weld County, Colorado .
For your consideration, I offer two interrelated
reasons for objection to the subdivisions .
1 . If I understand correctly, the 25 acres under
consideration is designated as "agricultural. "
Does Weld County approve of plots of only 2 .5
acres under this designation? It seems that
each unit should consist of at least 10 acres
so that an agricultural purpose can be applied.
2 . This acreage is very close to a body of water
into which water from the surrounding areas seeps .
This wetland is home or a stopping place for a
wide variety of birds, particularly because, for
them, it is a marvelous source of food.
With an increased number of homes and people in
the immediate area, the result would very likely
create both an added pollution threat from septic
tank leaching and added noise polution from people
and vehicles . Nearby farmers , who have water rights
to this body of water, keep the water at an
acceptable level by using it for irrigation of
crops and for drinking by livestock.
I shall appreciate your support.
Sincerely yours ,
Hazel M. Carlson
EXHIBIT
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940302
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fl EXHIBIT
4y 0303
December 8, 1993
DEC t C ;993
Monica Daniels-Mika, Current Planner Weld County Planning
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Ms. Daniels-Mika:
This letter is in regard to the upcoming public hearing on case number S-348.
As nearby land owners, my wife and I headily oppose this request being made by Ivan
and Donna Larson for a minor subdivision. We have listed some strong realigns for it . .
to be denied.
1. • Incompatibility with existing surrounding acreage
2 Leapfrog development
3. Threat of nine septic tanks polluting the irrigation ponds inhabited by
federally protected water fowl and shore birds, and also to livestock
watering _
4. Difficulty with aerial spraying for surrounding major crop land
5. Increased traffic and transportation problems
6. i Zoning •
7. Noise
When we purchased our property twenty-three years ago and started building our . ..
home and livestock facilities, it was our belief the Weld County's zoning and growth
plan included concentrating growth around existing municipalities. It appears to us
that this subdivision proposal does not fit the intent of the Weld County •
Comprehension plan. We sincerely hope that Weld County perceives agriculture and
farmland as an absolute necessity and upholds these beliefs.
Our trust and future are in the hands of the Weld County Planning Commissioners,
please do not let this request be approved.
Sincerely,
Lawrence H. Starck
Mary F. Starck
EXHIBIT
-93
EXHIBIT INVENTORY CONTROL SHEET
Case S-348 Ivar and Donna Larson
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items
B. Planning Commission Resolution of Recommendation
C. Planning Commission Corrected Reso of Recommendation
D. Planning Commission Summary of Hearing
E. Clerk to the Board Request for Hearing
F. Clerk to the Board Hearing Notice
G. Applicant Map with overlay
H. Applicant Road Alignment - CDS Engineering
I. Dennis Kuehl Overhead of Current Lots
J. Dennis Kuehl Overhead of Future Lots
K. Applicant Highway Permit dated 1/5/94
L. Applicant Sign Posting Certificate
M. Various Land Owners 80 Petitions Opposing Subdivisions
N. Hearing Attendance Record
940303
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill O'Hare that the following resolution be introduced for passage by the
Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBERS: S-348
NAME: Ivar and Donna Larson
ADDRESS: 925 County Road, Route #1, Berthoud, Colorado 80513
REQUEST: Minor Subdivision Final Plat (Mt. View Estates #1) .
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: The parcel is located approximately 1/4 mile west of the intersection of
Weld County Road 5 and State Highway 60.
be recommended unfavorably to the Board of County Commissioners.
Motion seconded by Ron Sommer.
VOTE:
For Passage Against Passage
Richard Kimmel
Bill O'Hare
Juliette Kroekel
Marie Koolstra
Ron Sommer
Tom Rulon
Judy Yamaguchi
The Chairperson declared the resolution passed and ordered that a certified copy be
forwarded with the file of the case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do
hereby certify that the above and foregoing resolution is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, adopted on January
18, 1994.
ted the 1 th of Ja ary, 1994.
Sharyn F Ru f
Secretary
61-1/hi{ 940303
BEFORE THE WELD COUNTY,. COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill O'Hare that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBERS: S-348
NAME: Ivar and Donna Larson
ADDRESS: 925 County Road, Route #1, Berthoud, Colorado 80513
REQUEST: Minor Subdivision Final Plat (Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: The parcel is located approximately 1/4 mile west of the
intersection of Weld County Road 5 and State Highway 60.
be recommended unfavorably to the Board of County Commissioners 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 Planning Commission that the applicant has not
shown compliance with Section 4.5.9 of the Weld County Subdivision
Ordinance as follows:
This property is zoned A (Agricultural) . The Agricultural zone
district was established to maintain and preserve the agricultural
base of the County. This proposal will take 25 acres of irrigated
farm land out of production. The Comprehensive Plan attempts to
minimize the incompatibilities that occur between agricultural and
urban uses, and this request will not only increase incompatible
uses but will make current farming practices in the area for more
difficult. Additionally, the potential for increased interference
with the ditch is probable.
This proposal is not consistent with the Weld County Comprehensive
Plan's goals and policies. This proposal is located in the A
(Agricultural) zone district and is evaluated under the Agricultural
Goals and Policies. A goal of the agricultural zone district is to
encourage residential development to locate adjacent to existing
incorporated municipalities and in accordance with the
municipalities' adopted comprehensive plan goals and policies. This
Exh�b�� 940303
CORRECTED RESOLUTION, S-348
Ivar and Donna Larson
Page 2
parcel of ground is not adjacent to any municipality and is more
than one mile outside the City limits of Loveland. It is the
opinion of the Department of Planning Services' staff that the
approval of this request encourages "leapfrog" or noncontiguous
development in a rural location.
Little Thompson Water District has stated that a water supply to the
site is sufficient in quantity, dependability, quality, and
including fire protection.
The proposed individual sewage disposal systems for the Minor
Subdivision shall be installed according to Weld County Health
Department regulations.
The soil is mostly Nunn Clay Loam 1 to 3 percent slopes. This soil
has fair to poor potential for urban development. It has moderate
to high shrink/swell, low strength, and moderately slow
permeability. These features create problems in dwelling and road
construction (United State Department of Agriculture, P.26) . These
same concerns have been addressed by the Health Department and CDS
Engineering. The Health Department has requested additional
information to determine the suitability of septic systems. CDS
Engineering has stipulated the need to provide geotechnical
investigation and engineered foundations.
While clay soil performs poorly for urban development. This soil is
also classified as prime farm land. As such, this ground plays a
vital role as the county's most important natural resource (U.S.
Agriculture Soil Conservation Survey, National Soils Handbook) . The
Comprehensive Plan calls for the preservation and expansion of prime
Agricultural land. In fact, the Comprehensive Plan stipulates that
if development is suggested for prime agricultural land appropriate
alternative areas should be sought.
Question have arisen regarding the legal right to the easements for
the streets within the Minor Subdivision.
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 and rights-of-way for the Minor
Subdivision are the sole responsibility of the resident land owners
or developer.
940303
CORRECTED RESOLUTION, S-348
Ivar and Donna Larson
Page 3
There will be no on-street parking permitted within the Minor
Subdivision.
Ingress and egress to all lots within the Minor Subdivision will be
to the internal street known as Mountain View Lane.
Drainage and stormwater management within the Minor Subdivision have
been addressed by the applicant and approved by the Weld County
Engineering Department.
Each lot within the Minor Subdivision will be no less than 2.5 acres
in size, and the maximum number of Lots will not exceed 6.
John Donnely, P.E. , contractor for the applicant has suggested that
these two pieces of ground are no longer viable farms due to their
size, proximity to other housing, and lack of knowledge of nearby
residents. The size of the current parcels are similar (in size) to
other existing surrounding farms. By splitting these parcels into
9 lots, the applicants will invite even more people and children
into the existing farm area, thereby creating the possibility for
even more urban and rural conflict. More owners will further
increase conflict and confusion regarding the use of irrigation
water.
This recommenation 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.
Motion seconded by Ron Sommer.
VOTE:
For Passage Against Passage
Richard Kimmel
Bill O'Hare
Juliette Kroekel
Marie Koolstra
Ron Sommer
Tom Rulon
Judy Yamaguchi
940303
CORRECTED RESOLUTION, S-348
Ivar and Donna Larson
Page 4
The Chairperson declared the resolution passed and ordered that a certified copy
be forwarded with the file of the case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do
hereby certify that the above and foregoing resolution is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, adopted on
January 18, 1994.
4h1\Wi
d the 18th of Janu y, 1994.
aryn F.tf
Secretary
940313
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
January 4, 1994, Page 2
CASE NUMBER: S-347 (Continued from December 21, 1993)
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district
(Mt. View Estates #1) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5
and State Highway 60.
Bud Clemons moved Case Number S-347, Ivar and Donna Larson, be continued, based on
the request of the applicant and the recommendation of the Department of Planning
Services' staff to January 18, 1994, at 1:30 p.m. , to allow time for the applicant
to address the concerns of the Colorado Department of Transportation regarding an
access permit. Ron Sommer seconded the motion.
The Chairperson asked the secretary co poll the members of the Planning Commission
for their decision.
Richard Kimmel - yes; Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes;
Juliette Kroekel - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion carried
unanimously.
CASE NUMBER: S-348 (Continued from December 21, 1993)
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district
(Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5
and State Highway 60.
Bud Clemons moved Case Number S-348, Ivar and Donna Larson, be continued, based on
the request of the applicant and the recommendation of the Department of Planning
Services' staff to January 18, 1994, at 1:30 p.m. , to allow time for the applicant
to address the concerns of the Colorado Department of Transportation regarding an
access permit. Ron Sommer seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning Commission
for their decision.
Richard Kimmel - yes; Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes;
Juliette Kroekel - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion carried
unanimously.
Meeting adjou ed at 1:37 p.m.
Rps ectfull ubmitt ,
°41P
a
Secretary
940303
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
January 4, 1994, Page 2
CASE NUMBER: S-347 (Continued from December 21, 1993)
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district
(Mt. View Estates #1) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5 , T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5
and State Highway 60.
Bud Clemons moved Case Number S-347, Ivar and Donna Larson, be continued, based on
the request of the applicant and the recommendation of the Department of Planning
Services' staff to January 18, 1994, at 1:30 p.m. , to allow time for the applicant
to address the concerns of the Colorado Department of Transportation regarding an
access permit. Ron Sommer seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning Commission
for their decision.
Richard Kimmel - yes; Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes;
Juliette Kroekel - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion carried
unanimously.
CASE NUMBER: S-348 (Continued from December 21, 1993)
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone district
(Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road 5
and State Highway 60.
Bud Clemons moved Case Number S-348, Ivar and Donna Larson, be continued, based on
the request of the applicant and the recommendation of the Department of Planning
Services' staff to January 18, 1994, at 1:30 p.m. , to allow time for the applicant
to address the concerns of the Colorado Department of Transportation regarding an
access permit. Ron Sommer seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning Commission
for their decision.
Richard Kimmel - yes; Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes;
Juliette Kroekel - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion carried
unanimously.
Meeting adjou ed at 1:37 p.m.
s ectfull ubmitte
- nn
a n "�'
Secretary
940303
MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 21, 1993
Page 4
Bud Clemons moved to forward Amended USR-726-2, Ralph Nix Produce, Inc. , to the
Board of County Commissioners with the Planning Commission's recommendation for
approval. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission
for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer -
yes; Bud Clemons - yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion
carried unanimously.
Marie Koolstra left the meeting prior to the presentation of the following cases.
CASE NUMBER: S-347
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mt. View Estates #1) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road
5 and State Highway 60.
Monica Daniels-Mika explained there was a need for continuance until January 4,
1993, based upon the need to obtain an additional access permit onto State
Highway 60.
Bill O'Hare moved Case Number S-347, Ivar and Donna Larson, be continued until
January 4, 1993, based upon the need to obtain an additional access permit onto
State Highway 60. Ron Sommer seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission
for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer -
yes; Bud Clemons - yes; Richard Kimmel - yes. Motion carried unanimously.
"SASE NUMBER: S-348
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Weld County Road
5 and State Highway 60.
Monica Daniels-Mika explained there was a need for continuance until January 4,
1993, based upon the need to obtain an additional access permit onto State
Highway 60.
940303
MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 21, 1993
Page 5
Ron Sommer moved Case Number S-347, Ivar and Donna Larson, be continued until
January 4, 1993, based upon the need to obtain an additional access permit onto
State Highway 60. Bud Clemons seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission
for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer -
yes; Bud Clemons - yes; Richard Kimmel - yes. Motion carried unanimously.
CASE NUMBER: S-349
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Whitetail Estates #2) .
LEGAL DESCRIPTION: Part of the E2 of Section 14, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1-1/2 miles southwest of the Town of Johnstown.
John Donnelly, representative, gave an overview of the application that included
aerial maps and overheads. There are numerous homes in the area and Ivar and
Donna Larson feel this application is compatible with surrounding uses.
John explained they are working with the various referral agencies for utilities
and roadways to the site. Extensive discussion followed regarding soil
conditions in the area and the financial burden of farming this property opposed
to building homesites.
The Chairman asked if there was anyone in the audience who wished to speak for
or against this application.
Gary Baird, surrounding property owner, said he has no problems with this type
of application as long as the dust situation is controlled.
Bruce Fickle, Attorney, representative for a surrounding property owner who has
been farming adjacent property for years, stated they have the same concerns as
the Department of Planning Services' staff.
Bud Clemons moved Case Number S-349, Ivar and Donna Larson, be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for
denial. Ron Sommer seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission
for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer -
yes; Bud Clemons - yes; Richard Kimmel - yes. Motion carried unanimously.
940'x ,1
l-�
/ • • \1
,�___ CLERK TO THE BOARD
"� P.O. BOX 758
II
GREELEY,COLORADO 80832
(303)358-x000 EXT.4225
Ci
COLORADO
February 1, 1994 —
`
Ivor and Donna Larson
925 County Road, Route /!1
Berthoud, Colorado 80513
Dear Mr. and Mrs . Larson:
Your applications for a Minor Subdivision Final Plat (Mt. View Estates #1) and
a Minor Subdivision Final Plat (Mt. View Estates 112) . have been recommended
unfavorably to the Board of County Commissioners by the Planning Commission. The
legal description of the properties involved is shown as part of Section 5,
Township 4 North, Range 68 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 no later
than March 1, 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,
�.OUNNTY/,.I ,, �.v/LonnL'
V �,��/rte-' l
W. H. Webster, Chairman
WHW: lmd
cc: Weld County Department of Planning Services
I/we,
.`_. ok 1 request the Board of
County "ommissxo�rs to review the a ov ntioned application.
64/2/bi lY' 940303
NOTICE
Pursuant to the laws of the State of Colorado and the Weld County Subdivision
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the following Minor Subdivision Final Plat are requested
to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board shall be advised
in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
DOCKET NO. 94-29 APPLICANT:
Ivar and Donna Larson
925 County Road, Route #1
Berthoud, Colorado 80513
DATE: March 30, 1994
TIME: 10:00 a.m.
REQUEST: Minor Subdivision Final Plat (Mt. View Estates #2)
LEGAL DESCRIPTION: Part of Section 5, Township 4 North, Range 68 West of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately ; mile west of the intersection of Weld County Road 5
and State Highway 60
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Linda M. Dodge
DEPUTY CLERK TO THE BOARD
DATED: March 2, 1994
PUBLISHED: March 17, 1994, in the Windsor Beacon
exhiei S 940303
AFFIDAVIT OF tiCala Colorado.
Pursuant to the laws of DOCKET No.94-29 STATE OF COLORADO
the State of Colomuo
and the Weld County (APPLICANT: COUNTY OF WELD
Subdivision Ordinance, Ivar and Donna Larson,
a puce hearing sll be( 925 County Road, I, ROGER A. LIPKER, of said County of Weld, being duly
held in the Chambers of Route el. Berthoud,
•the Board of County Colorado 80513 sworn,say that I am publisher of
Commis&oners of Weld
Canty,Cddrado, weld DATE: March 30,1994 WINDSOR BEACON
County Centennial
Center,915 10th Street,I TIME: 10:00 a.m.
First Floor, Greeley, a weekly newspaper having a general circulation in said
Colorado, at the time REQUEST: Minor
specified.A9 persons n Subdivision Final Plat County and State, published in the town of WINDSOR, in
any manner interested (Mt View Estates 42) said County and State; and that the notice, of which the
in the following Minor annexed is a true copy, has been published in said weekly
we'subdivision Final nal Plat LEGAL DESCRIPTION:
requested to attend Part of Section 5.1
for / successive weeks, that the notice was
and nay be herd. Township 4 North, published in the regular and entire issue of every number of
Range 68 West of the I the paper during the period and time of publication, and in
showappliesnt ar 6th P.M., Weld County,
any interested party Colorado the newspaper proper and not in a supplement, and that
dare the presence of a the first publication of said notice was in said paper bearing
court reporter to she a I Approximately 11/44 mile the date of the r
record of the west of the inteisecton /774 day of /37.4-'-(4-" A.D., 19��LT and the
to the taped record of;yew
County Road 5 last publication bearing the date of the
which will be kept durirr .and State Hphway 60 _day of A.D., 19_ and that
rho hearing,the Clerk tel_ BOARD OF COUNTY. the said WINDSOR BEACON has been published
the Board shall be' COMMISSIONERS
advised in writing of WELD COUNTY I Continuously and uninterruptedly for the period of 5
such action at least five =mum consecutive weeks, in said County and State, prior to the
days prior to the date of first publication of said notice, and the same is a
hearing. The cost of BY: DONALD D.
engaging a coin' WARDEN newspaper within the meaning of an Act to regulate printing
reporter shell be borne WELD COUNTY of legal notices and advertisements, approved May 18,
try the requesting party. CLERK TO THE 1931,and all prior acts
'so far as in force.
BE IT ALSO KNOWN BOARD lam,
that the text andrd maps BY: Undo M.
so larded by he Weld DEPUTY CLERK TO BOARD
✓
County Planning THE p�
Commission nay be ISHER
et®nrad in the alike of DATED: March 2, i)t s
CommissionersCounty ' PUBLISHED. March
i"''� 19'1—
County Centennial 17, 1994, In the //�� .�y�
Cents,,915 10th Street Windsor Beacon -C"�t o-.r / r-e nt4
Third Floor, Greeley, NOTARY PUBLIC
My commission expires 'i:.. 2 , /11../,, .
•
940303
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-29, was placed in the United States mail, first
class mail, postage prepaid, addressed too the following property owners.
DATED this -5 t day of 7/(,2e1 r,,2e1v , 1994.
dl-c. �7'4L----
Deputy Clerk to the Board '
Thomas and Julie Frink Ivar and Donna Larson
1756 State Highway 60 925 County Road, Route #1
Loveland, CO 80537 Berthoud, CO 80513
Donald and Sally Curry
1712 State Highway 60
Loveland, CO 80537
James Gentry III and John Clagett
c/o James Gentry
1312 E. Tufts Circles
Englewood, CO 80111
GP Clark Co.
c/o Bruce Peterson
1312 Greystone
Bartlesville, OK 74006
Dennis and Corajean Kuehl
1850 E. Highway 60
Loveland, CO 80537
Michael and Valerie McEntee
1842 E. Highway 60
Loveland, CO 80537
Lawrence and Mary Starck
1906 E. Highway 60
Loveland, CO 80537
John and Cindy Demott
23551 Weld County Road 5
Loveland, CO 80537
WR Sauley, et al
2425 S. County Road 9
Loveland, CO 80537
9403%?
1 • SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE
PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS
A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE -
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY
THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS
DeCrer it yY-z% n
BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # S-S q 7( / /+J,.U/JJ /N
THE SIGN WAS POSTED BY: 111, etf I (i I Cl 7CJ V iC e%RyaS 2_
L-4,ac AJ
NAME OF PERSON POING SIGN
Q � l
S � • 1
Lam,
S RE OF APPLICANT
STATE OF COLORADO )
ss.
COUNTY OF WELD )
�? •_���
SUBSCRIBED AND SWORN TO ME THIS DAY OF �' ,� 19
SEAL
(� NOTAR PUBLIC
MY COMMISSION EXPIRES ---C\S`Z)
LAST DAY TO POST SIGN IS: thCUref, 2O , 19? .
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE
OF THE HEARING.
ij
"577-
�^_ 1
EXHIBIT MAR 2 2 1994 1
v � ^0.0.114,.....a..manias
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF March 1994*
DOCKET 0 94-27 — SPECIAL REVIEW PERMIT FOR KENNETH MAYER (RE 01580)
DOCKET 0 94-26 - CHANGE OF ZONE FOR WILLIAM E. FRANZ, JR.
DOCKET 0 94-28 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES 01) FOR LARS0N
DOCKET 0 94-29 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES 02) FOR LARSON
PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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940313 ,
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