Loading...
HomeMy WebLinkAbout940303.tiff Art2J8356S RESOLUTION RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #2) - IVAR AND DONNA LARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the mcD c) 30th day of March, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ivar and Donna Larson, 925 North el v County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Mt. View Estates #2) on the following described real estate, to-wit: Ca w Part of Section 5, Township 4 North, Range o S 68 West of the 6th P.M. , Weld County, o41,D3 Colorado A p WHEREAS, said applicants were represented by John Chilson, Attorney, and r- a WHEREAS, Section 4.5.16 of the Weld County Subdivision Ordinance provides t1 ws standards for review of said Minor Subdivision, and eA a WHEREAS, the Board of County Commissioners heard all of the testimony and w a statements of those present, studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that w this request shall be denied for the following reasons: 0 H o en ac 1. It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 4.5.16 of the Weld 1-4 County Subdivision Ordinance as follows: C° za. This property is zoned A (Agricultural) . The Agricultural N Zone District was established to maintain and preserve the „ agricultural base of the County. This proposal will take 25 w < acres of irrigated farm land out of production. The Comprehensive Plan attempts to minimize the incompatibilities o that occur between agricultural and urban uses, and this m request will not only increase incompatible uses but will make current farming practices in the area far more difficult. co (2, Additionally, the potential for increased interference is probable. 940303 FL; 2-14 ' La/Sc/, 171/2)/c,571171/2)/c,571LG EL66/9 MINOR SUBDIVISION FINAL PLAT - LARSON (MT. VIEW ESTATES #2) PAGE 2 b. 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 en O of the Agricultural Zone District is to encourage residential o o development to locate adjacent to existing incorporated municipalities. The parcel is located approximately 1 1/2 N▪ o miles from the city limits of Loveland; however, the City of Loveland does not consider this parcel to be a part of its A Urban Growth Boundary. It is the opinion of the Department of o Planning Services' staff that the approval of this request encourages "leapfrog" or noncontiguous development in a rural o yi location. A o c. This request does not represent efficient and orderly w 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 ac x of the proposal far exceeds the current nature of the area. n. a Based on census data, this site will generate 26 additional o' people in this area. With an increase of density, noise z levels, traffic generated, and general overall appearance of this area will change from rural to urban. V' EE O CO d. The soil is mostly Nunn Clay Loam 1-3% slopes. This soil has 5 fair-to-poor potential for urban development. It has moderate fr. to high shrink/swell, low strength, and moderately slow z permeability. These features create problems in dwelling and N Z road construction (United State Department of Agriculture, o P.26) . These same concerns have been addressed by the Health Department and CDS Engineering. The Health Department has w received additional information to determine the suitability a of septic systems, however CDS Engineering has stipulated the ko N need to provide geotechnical investigation and engineered of foundations for each lot. e. 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. 940303 MINOR SUBDIVISION FINAL PLAT - LARSON (MT. VIEW ESTATES 02) PAGE 3 en 0 f. John Donnely, P.E. , contractor for the applicant has suggested o v that these two pieces of ground are no longer viable farms due o\ . to their size, proximity to other housing, and lack of `n oU knowledge of nearby residents. The size of the current parcels is similar to other existing surrounding farms. By a splitting these parcels into nine lots, the applicants will o 3 invite even more people and children into the existing farm o z area, thereby creating the possibility for even more urban and w w rural conflict. More owners will further increase conflict O 7 and confusion regarding the use of irrigation water. 0 wg. The proposed Minor Subdivision will create a new access onto m. Z Colorado State Highway 60. Therefore, the applicants have not •- °a shown compliance with Section 4.5.16.11 of the Weld County Ln x Subdivision Ordinance, which requires: "that no additional w access to a County, State, or Federal highway will be a' a created." - U N Z Staff has received numerous objections both verbally and in writing .1 .. m EA in opposition to this request. The major concerns regar o co compatibility with the surrounding area, character of the a development, potential interference with agricultural uses, safety to o issues and general concern for protecting the current agricultural .-• i w lifestyle of the area. m co a N 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld o County, Colorado, that the application of Ivar and Donna Larson for a Minor U >4 Subdivision Final Plat (Mt. View Estates #2) on the hereinabove described parcel a z of land be, and hereby is, denied. m o The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D. , 1994. Mrs. � �// BOARD OF COUNTY COMMISSIONERS ATTEST: I � ilia ? WELD COUNT,, ,,COLORADO Weld County Clerkaoj e Board 414/ j 19111) " (, O it% ebster, Cha'rman BY: 11/. � I , c J Deputy C o the Board Dale `jG Hal , r le APPROVED AS TO FORM: / ` " r � ,-- /George e. Baxter ounty Attor ey Constance L. Harbert f f lc, J /.t jli' /1 J Barbara J. Kirk yer 940303 EXHIBIT INVENTORY CONTROL SHEET Case S-347 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 Petitions Opposing Subdivisions N. Hearing Attendance Record 940aP2 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Ivar and Donna Larson Case Number: S-347 and S-348 Mountain View //1 and Mountain View #2 Submitted or Prepared Prior to Hearing At Hearing 1. Application 101 pages X 2. 1 Application plat 2 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Weld County Utilities Advisory Committee Minutes December 1993 X 12. Resolution to the Board of County Commissioners for continuance from December 21, 1993 X 13. Resolution to the Board of County Commissioners for continuance from January 4, 1994 X 14. CDS Engineering for preliminary percolation tests December 16, 1993 X 15. Letter from Bacon Lake Farms December 20, 1993 X 16. Letter from Bacon Lake Farms December 29, 1993 X 17. Letter from State of Colorado Department of Transportation December 20, 1993 X rxhih/f 4 9403( 3 INVENTORY OF ITEMS , S-347 Ivar and Donna Larson Mountain View #1 Page 2 18. Letter from Veeman Dairy (Mike Veeman) December 15, 1993 X 19. Letter from Community Development of Loveland Edwin Moore December 13, 1993 X 20. Letter from Richard and Nancye Snider December 16, 1993, articles Threaten farmland in Weld County: Gary Gerhardt X 21. Memorandum from Weld County Health Department Jeff Stoll December 2, 1993 X 22. Memorandum from Lee Morrison, Assistant County Attorney December 13, 1993 X 23. Referral from the Berhtoud Planning Commission December 17, 1993 X 24. Minutes from the Berthoud Planning Commission December 9, 1993 X 25. Colorado Geological Survey, Jeffrey Hynes December 20, 1993 X 26. Planning Commission sign posting certificate December 1, 1993 X 27. Letter from Mike and Valerie McEntee December 10, 1993 X 28. Referral Don Carrol Weld County Engineering December 1, 1993 X 29. Field check Judith Yamaguchi November 30, 1993 X 30. Letter from Consolidated Home Supply November 24, 1993 X 31. Letter from Drew Scheltinga Weld County Engineering March 16, 1993 X 32. Referral from the Colorado Oil and Gas Commission December 6, 1993 X 33. Letter from the Colorado Oil and Gas Commission December 1, 1993 X 34. Letter from CDS Engineering July 12, 1993 X 9403f.)3 INVENTORY OF ITEMS, S-347 Ivar and Donna Larson Mountain View #1 Page 3 35. Referral from Berthoud Fire Protection District December 2, 1993 X 36. Letter from Mountain View Belgians Dennis and Jean Kuehl December 9, 1993 X 37. Continuance request December 14, 1993 by the Planning Department staff X 38. Letter Bacon Lake Farms December 15, 1993 X 39. Letter from Weld County Health Department Jeff Stoll January 6, 1994 X 40. Map distributed by applicant X 41. Easement record for RE-1061-5-1-RE-126 April 8, 1974 X 42. Plat for RE-1061-5-1-RE-126 April 8, 1974 X 43. Intersection diagram January 17, 1994 X 44. Map of area January 18, 1994 X 45. Map of proposed area January 18, 1994 X 46. 32 slides January 18, 1994 X 47. Letter from Hazel Carlson December 1993 Attachment photos 2 pages X 48. Letter from Cindy DeMatt December 1993 X 49. Letter from Donald and Valerie Brehm December 8, 1994 X 50. Letter from Steve Olander December 10, 1993 X 51. Letter from Lawrence and Mary Starck December 8, 1993 X 940303 INVENTORY OF ITEMS, S-347 Ivar and Donna Larson Mountain View #1 Page 4 I hereby certify that the 51 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on January 21, 1994. Moni a Daniels-Mika, Current P anne STATE OF COLORADO ) COUNTY OF WELD ) II SUBSG3 RIBED AND SWORN TO BEFORE ME THISLeI day of 19"Itc. • ./SE` ML `7^•• Y•. ••• • = . :°(/ a11G:Q: ( /OTA9?t LIC F CF .,��i3sion Expires tq `off. 9403'13 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-347 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. 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. I: ed the 1: of Jan ary, 1994. Sharyn Ruf Secretary EXhrhl 94039,2 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-347 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 for the following reasons: 1. 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 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 Exhih2 7 940392 CORRECTED RESOLUTION, S-347 Ivar and Donna Larson Page 2 Planning Services' staff that the approval of this request encourages "leapfrog" or noncontiguous development in a rural location. 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. 940302 CORRECTED RESOLUTION, S-347 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. 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. �. ed the 18t of Jan •ry, 1994. Sharyn F. ('uf Secretary 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 ubmitt , '1/441e a Secretary 9940392 SUMMARY OF THE '..ELD COUNTY PLANNING COMMISSION MEETING January 18 , 1994 Page 3 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Juliette Kroekel - yes ; Marie Koolstra - yes; Ron Sommer - no; Tom Rulon - no; Judy Yamaguchi - yes. Motion passed. Marie Koolstra left the meeting. CASE NUMBER: S-347 (Continued from January 4, 1994) 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. Donna Larson, applicant, explained they believe this application would be the best use for the property. They support a rural lifestyle and the proposed 9 lots would be an appropriate use. She explained that although the zoning remains agricultural the Weld County Assessor's Office assesses and taxes the surrounding property as residential. Traffic generated by 9 home-sites would not be a factor and the property is buffered by a ditch on the back side. This 9 lot development would be nested within the current residential development in the area. All utilities are available to the area. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. John Shulson, surrounding property owner, is in support of this development. He stated unless you have a good size farm it is not economical to farm on the smaller divided properties. Dennis Keel, surrounding property owner, said they don' t object to building a home on the 10 or 15 acre properties , but he is opposed to 9 dwellings. The 10 and 15 acre lots are compatible with what is in the area now. Bill O'Hare asked how many people are farming in this area. Dennis Keel said all of the properties are in some way used agriculturally. There is alot of farming in the area. Bill O'Hare asked if septic systems on the property would pose a problem. Monica said the Health Department had completed preliminary tests in the area and each site would have to be evaluated separately, but the Health Department had no problems with proposed septic systems. b�f h 940302 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. 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. 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. 9403?2 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING January 18 , 1994 Page 5 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O' Hare - yes; Juliette Kroekel - yes ; Ron Sommer - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion for denial passed. CASE NUMBER: S-348 (Continued from January 4, 1994) 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. This case was heard in conjunction with S-347. Richard Kimmel moved Case Number S-348, Ivar and Donna Larson, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the Department of Planning Services' staff recommendation. Bill O'Hare 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; Juliette Kroekel - yes; Ron Sommer - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion for denial passed. Marie Koolstra returned to the meeting. CASE NUMBER: AM USR-589-2 APPLICANT: Vessels Oil and Gas Company REQUEST: A Site Specific Development Plan and a Second Amended Special Review permit for expansion of an existing natural gas processing plant in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 6 and west of Weld County Road 19. Steven Smith, representative, explained the agreement they have with Conquest Oil for a brine water disposal well. The replacement and disposition of equipment on the site required them to amend their original permit. 940392 to otitt \ili CLERK TO THE BOARD P.O. BOX 758 GREELEY,COLORADO 80832 (303)3584000 EXT.4225 C. COLORADO February 1, 1994 Ivar and Donna Larson . 925 County Road, Route Ill Berthoud, Colorado 80513 .� -1 Dear Mr. and Mrs . Larson: Your applications for a Minor Subdivision Final Plat (Mt. View Estates U1) and a Minor Subdivision Final Plat (Mt. View Estates #2) 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, 1904. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD .i lUN i , COLORADO W. H. Webster. Chairman WHW: lmd cc: Weld County Department of Planning Services C;L: rr I/we, - ',__ p o hereby request the Board of County .ommissionjrs to review the a ov- ' ntioned application. Exhhbi-t 6 940302 NOT I C E 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. 94-28 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 #1) LEGAL DESCRIPTION: Part of Section 5, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately o 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 GXh66r>< F 9403 '2 NOTICE . Pursuant to the laws of DOCKET NO.94-28 the State of Colorado APPLICANT: Ivor and and the Weld County Donna Larson, 925 AFFIDAVIT OF PUBLICATION a public hen Ordnance,willbe County Road, Route m, a public the eChag benbe Berthud, Colorado held in Chambers o u of 80513 STATE OF COLORADO the Board of County 55 !Commissionersy Colorado, of Weld; DATE: March 30,1994 COUNTY OF WELD County, Weld I County Centennial l TIME:70:00 am. Censer,915 to h Street I, ROGER A. LIPl0=R, of said County of Weld, being duly First Floor,at Grthe tiey, me REQUEST: Minor sworn,say that I am publisher of All time;, specified. persons in i Subdivision Final Plat any manner interested (Mt View Estates+I) WINDSOR BEACON in the following Plat LEGAL DESCRIPTION: Subdivision e Final Plat Part of Section 5, are may b requested to attend Township 4 North, a weekly newspaper having a general circulation in said and may be heard. Range 68 West of the County and State, published in the town of WINDSOR, in Should the applicant or 6th P.M., Weld County, said County and State; and that the notice, of which the any interested party I Colotado annexed is a true copy, has been published in said weekly desire the presence of a I L O C A T I O N for / successive weeks, that the notice was dart repormr oft the e Approximately 114 mile published in the regular and entire issue of every number of prreo eerd wt of the inersection to th di ad record of Weld Co Rued 5 the paper during the period and time of publication, and in w the taped e record i the newspaper proper and not in a supplement, and that the which hearing, be kept during and Stem Highway 60 to the first publication of said notice was ins said paper bearing the Board the Cllbe BOARD OF COUNTY the date of the advised in writing of COMMISSIONERS 174 day c,� such action at least five WELD COUNTY, / �� . i ,/, 19 A.D., _ and the days prior to the COLORADO last publication bearing the date of the hearing. The cost of BY: DONALD D. _day of A.D., 19_ and that engaging rpone a bone WARDEN the said WINDSOR BEACON has been published b the mincing g home WELD COUNTY byawnquesongpsrty. continuously and uninterruptedly for the period of 5 BBLAARRKD. TO THE consecutive weeks, in said County and State, prior to the a t ALSO KNOWN date of first publication of said notice, and the same is a o id text and maps BY: Linda M.Dori so=idea to a Weldnewspaper within the meaning of an Act to regulate printing !County Planning DEPUTY CLERK TO of legal notices and advertisements, approved May 18, canned in may be THE BOARD examined in the office of 1931,and all prior a/a/_s�so far as in force. the ntyrk o. mi Boards, DATED: -March 2, /l� lY. County Com tin cners, 1994 oe in the Weld JLA- County Centennial PUBLISHED: March Center,915 10th Street, 17, 1994, In the P1J13 ISHER Third Floor, Greeley, Windier Bacon ✓_ Colorado. Subscribed and sworn to before me this-/7" day of ,1Yh.&i co:_ 19/94/ _1//. 7i ti r / /2-LiniH,.O NOTARY PUBLIC C, My commission expires N,4-t"-1,,,i f , /' q CI-- 940392 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-28, was placed in the United States mail, first class mail, postage prepaid,re addressed to the following property owners. DATED this (1)-(7t- day of Q�i-G../ , 1994. 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 940392 I ! :111'' i Is- II- I1 I I I I ! 4- 0-- 1112114 f ii l ` o + i 1 7` I• 1 , aI us NEn i f-17wuJ ...........••lint -r _ ..: , s I Lis t.ii 12 I I ' 4 2 g '' mil 1 I i ',I • I I i I _ ` R!u f I I I 1 .t I :,.� • .� I i i I - I ! :1 1, wt.. i!, I I l 1 4 ji ([ '{ +}S. !l I it ;I I ! mu e !I T1 ...i . :'1;r- I siill! 'lit ; ' . n.., 'I11 :, :� 'PP j4: 'l�l Ji '• I MO ! ;1f1; - ii 111 Ill" r1 I _lr*. - S.+• �1 Ig' ,11I } , :, ItAIIm ! Ii i l r '� s,•p +� II •d !I 1r1 '• . € I 1 41 ; ; Ii f R,« I$ �1j ;1___ �I• IF hi I •lill y---t—t-Z--- I C•», I il i I, Cr C { bb '! I ! C° 'III 1 I nil Sd i I • CU O ��i. uw1 �+ a+d 7 Imo} ( I Aai84 1 I I cO, ''y7 IP :ill I [ I I•1! . 'll' it i\ 1:11!; ? }ilI`l` d• ' lit. I Tj ' ,4 it i I__' — s" I I I : 1 d ''i -- _--• ` ' •, 1 is ___ —i I!� L s• •il, is I .!t t' ii 1• ,, • . a y 11 '1:I,i = I! / I i I l° I^ a ,4 I I r �I 111 :I ,if i 3� • • _i { i • ..-i i` -- -- —. _ HS���� '— — ( I IiTil•ii.Ii� !�'l'.�� � . �__— w 1.- wr - ,t, 1 I 1 I l• 1 ' I I I i I I I i • 1 I I ;' I ! IV MI tJ U l' C2C P2-.8iyD ,iisMwgy 60 t75 /0 7 l6 ACRES RCRES ACRES ACRES MAYOR M ATO2 CRoPt.AND e Ro PL.AWD E. 15.5 3 \ ACRES ACRES ACRES ;�� \0 c % eoWWSouOATED HOME SUPPLY Dire isZ_,,b Z p4J0R CROP LAW D iisiHxa S �� 940302 N-c- NWHJ-OK 7, CkCPLAiVD } L7-_---,71---L-=---7.-----?- /I/GfiliMy 6o , . as ACRES t".? a.5 5 ACRES Es 7 16 AG?�S ACRES .2.5 ACRES MAJOR MAYOR_ CROPLAND C Ro PLAWD Mites f • Q.5 ACRES E ,s ACRES ,4, 5 3 /4 __ ACRES ACRES a,s ; C AC,eES -s AeREs eoKSoLIDATEb NOME SUPPLY DITCH m ii7 44W KAJok :. CRoPLAWD ----r rx'wuy ai s 2- 9403(.'2 No/MP/Side: 60/2.802/Right COLORADO DEPARTME.. C OF TRANSPORTATION Local Jurisdiction: Larimer County Dist/Section/Patrol:4/1/5 STATE HIGHWAY ACCESS PERMIT DOT Permit No.: 494001 HMW II: Al Warnock @ 667-4650 between 8-8:30 a.m./4-4:30 p.m. Permit Fee: $100 Date of Transmittal:01/05/94 THE PERMITTEE; Ivar W.• Larson and Donna N.' Larson 925 County Line Road / Route 1 1. EXHIBIT Berthoud, Colorado 80513 ,f( Contact Person: Richard Thornton -- Phone: 66778010 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. Th(s 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 fiaggers 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 4232 feet east from Mile Post 2 on the east/right side. ACCESS TO PROVIDE SERVICE TO: • 9 single-family dwellings of Mountain View Estates Subdivision by way of Mountain View Lane, a private drive. OTHER TERMS AND CONDITIONS: ' 1. THIS PERMIT SHALL REPLACE PERMIT #493088, PRIOR PERMIT HAS BEEN VOIDED: • 2: 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. • 3. This access shall continue to exist until such time that other reasonable access to an alternate street or other access is available. 4. Left turn movements in and out of the access(es) may be prohibited at some future date. • 5. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any con- struction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 6. The existing access shall be removed. Removal shall include return of SH 60 side slopes and borrow to match adjacent conditions, and remove all indications of prior access. SEE DESIGN ATTACHMENT °EXHIBIT A° 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 Lovel and at 667-4650 at least 48 hours prior to comma r ing construction within the State Highway right-of-way; The person aigni g : the per Itt•e must be the owner • eg: representative of t e property served by the permitted access and h;ve autho o cept the permit and : I It's t rms and onditi . Pennittee Date_J� This permit is not valid until signed by a duly authorized representative of the Department. DEPARTM NT OF TRA ORTATION, STATE OF COLORADO By( Date \i )Ih� Title Development/Access Coordinator Region IV ( ate of Issue) COPY DISTRIBUTION: -. Rocha Make copies as necessary for; Previous Editions are Obsolete and will not bo us. 1.Dls rtcl(Original) Local Authority Inspector p40•'��,q CCOT Form MIS 2.Applicant MICE Petrol Traffic Engineer e7 ris 161 3 13 u vi + -R 1 I ..- I 1 1rH -- L \ 1:7-li --Tht: ‘-'-- 4. O CS 2 nL o . +S P ICE I t.. (4>i . • 940392 Issuing authority COLORADO DEPARTMENT OF HIDE' .YS applica ionP ccopta ce (APPLICATION FOR STATE HIGHWAY ACCESS PERMIT data 1�/q ' Instructions: - contact the Department of Highways or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form(some questions may not apply to you) &attach all necessary documents and submit it to the issuing authority. Submit an application for each access requested. Please print or type - If you have any questions contact the Issuing authority. 1) Property owner(Permittee) 2) Applicant Ivar w. and Donna M. Larson UDS Engineering; F4chard Thornton- street AWL essi.city street address,city. 925 N. County Line Rd. , Rte 1 , Berthloa 1714 Topaz Dr. , Ste215, Loveland state&zip Phone N state&zip Ip�'g4�p801 Q CO 80513 1532-3361 CO 80537 3) Address of property to be served by permit(II known) 4) Legal description of property: county I subdivision block lot Ise;lion Itownship 4 towns ip range WELD I • 1 l 1E B 68 W 5) What state highway are you Lequesling access from? 6) What side of the highway? ON IX s ❑ E O W 7) How many feet a Is the proposed access from the nearest mile post or cross street? 4269 feet( N SrNW )from Mile Post 2 / ,2 3 8) Check here if you are requesting a 0 new access ❑ temporary access fl improvement to existing access . hange in access use 9) What is the appro9ximate date you Intend to begin construction? ol L/ 10) Do you have knowledge of any State Highway access permits serving this property,of for adjacent properties in which you have a property interest unknown and/or, permit date unknown XX yes ❑ no If"yes" - what are the permit number(s)? 11) Does the property owner own or have any interests in any adjacent property? yes NI no If"yes" - please describe: 12)Ae mere exist • • ded ted public streets,roads,highways or access easements bordering or within the property? -yes cu._ If" =s" - list them on your plans and indicate the proposed and existing access points. 13) If you are questt4s, mercial or Industrial access please indicate the types and number of businesses and provide the floor area square footage of . business square footage business square lootag. N/A 14) If you are requesting agricultural field accessN/A . how many acres will the access serve? 15) If you are requesting residential development access, - what is the type(single family,apartment,townhouse) and number of units? type number of units type number of unit Single Family (proposed) 9 ✓ I 16) Provide the following vehicle count estimates for vehicles that will use the access.Leaving property then returning is two counts.Indicate If your counts are peak hour volume O or average daily volumes 1i N of pessenge are and light truck N of mull) trucks N of other vehicle }6 negligible negligible N of single unit vehicles in excess of 301t N of farm vehicles(field equipment) Total Count of,All Vehicles O negligible negligible V 17) Check with the issuing authority tp determine which of the following documents are required to complete the review of your application. (plans should be no larger than 24"'xat1:') e) Property map indicating other access, bordering roads and streets. ek Highway and driveway plan and profile. 1) Proposed access design. . I* Drainage plan showing impact to the highway right-of-way. )8) Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after h) Signing and striping plans. development In and along the right-of-way. I) Traffic control plan d) Subdivision,zoning,or development plan. j) Proof of liability insurance If an access permit is issued to you it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. THE APPLICANT DECLARES UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND SUBMITTED ATTACHMENTS ARE 0 THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE. Applicant al a Date /2//3 If the applicant is not owner of the property,we require this application also to be signed by the prope y owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agree t with this application by all owners-of-interest unless stated in writing. If a permit is authorized, the props y own r ill listed as the permittee. Pr own sign u e ir______ I Dale Il /J-27 - 93 Previous• Ilene may be useduntil supplies• evhausNd 940302 COON Form n 1. Driveway shall be constructed 24 feet wide with 25 foot radii , as per Exhibit "C". 2. Surfacing shall consist of 4 inches ABC Class 6 (as per Exhibit "C") and shall extend from the highway travelled way to the right-of-way line. (Specifications for surfacing materials are attached. ) 3. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, ddshall not the interfere rigwith th right- Of-way the drainage system in the right-of-way. Drainage of-way shall not exceed the historical rate of flow. 4. The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and way from the highway at a 2% grade to ensure proper drainage control of the access. 5. The horizontal axis of the access shall be at a right angle to the center- line of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 6. An access that has a gate across it shall be designed so that the longest vehicle using it can completely clear the travelled way when the gate is closed. 7. The side slopes of the access approach shall be 6: 1 or flatter. 8. An adequate length of new 18-inch corrugated steel pipe shall be provided. 9. I frost srre n ne h rum- r i present gin the gade, no surfacing material shall be placed ft all 10. Permittee is responsible for any utilities disrupted by the construction of this access and all expenses incurred for their repair. 11. Survey markers present must be preserved in their original positions. • Notify 350-2173 immediately upon discovery of any such markers at the site. 12. Access approaches which require a break in the right-of-way fence shall not allow livestock to enter the highway right-of-way. 13. Cattle guard shall not be permitted in the State of Highway right-of-way. 14. A COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. • • • • • • • • • 940302 ' 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 10DAYS Iccicer BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE If .5--3417 iU t-c •" •�" n 1/4,(16--LL) Es i7'-TE THE SIGN WAS POSTED BY: 0/112-GN 19S`f �1/"�Z LLB, L iacci�' NAME OF PERSON POSTI$G SIGN C SIGNATURE OF APPL CANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF ��yG , 19ICA,\A . SEAL (� Q NOTARY UBLIC MY COMMISSION EXPIRES\=d - I\_ • LAST DAY TO POST SIGN IS: May-c,l 2O ' 19 ' PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. UI� I ( MAR 2 2 1994 g EXHIBIT -'a^-• -i.."13 aline } L 940302 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF March 1994: DOCKET 11 94-27 - SPECIAL REVIEW PERMIT FOR KENNETH MAYER (RE #1580) DOCKET U 94-26 - CHANGE OF ZONE FOR WILLIAM E. FRANZ, JR. DOCKET 0 94-28 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #1) FOR LARSON DOCKET 11 94-29 - MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #2) 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 i�i..r,��•, -><;.i?,, - ''7/Lf 11)..%/2 :� 9y-cSis `).' t akaJYYX. - (n- i \t, 3978 MA 33 91- - .z 0 1t tilt; da.kI l'. iJ ee 1,J 3 9/,Y) [.der 339z/ - z 6 in.. ) 1A1JS 5-79 ce\ -3 el be' c Xlj 9.9— a0( ct'r!J lif-te.Ci4E 187;0 f ittAti 600 9T-aq 77 - `1 J ,,2 3S5`/ `✓ .L2/e '7V-4.1 Y$fl 9y-a7. �,_ ,1n,, 0 d /II Wm y e, ) 19 y 29 /1/42 2 C /,")4., , 6:'/o 9 97— 9 -al? (/ /7-)e6 1J12 i //icy, -,,, 9h- 23 .i v-et `-1JZ,j,,,v'_ � 7 Frd , o. 1S`c'af k/ . 6c) 9cl-zS- - -/- c)y-zy qti , ° ) , o C;(4 l o e .-k, _as? Y4— -? AA, f)c-t y? (.y 6L111-4-4,L47, (1l) Soy « 9 r v 1);J '.-1 Z3t.So tic Iz 1 Ai f/A L. 9y-2)? 9i'-21 '4:,-<,t.1 G.- 4 — /DUO IV .fix Alt 7 ct a'c&3/ 7111,.. I:fJ (c:;-&-41„ :�.-ieo e Oh o ck ,..3 Y.3 ECG' l q LueLa.i (o /26-.3'? V' '-2S' 941-x9 4 , EXN161 - a% I ♦ <J BACON LAKE FARMS Colorado and Kansas bar W.and Donna M. Larson. Owncrs and Operators 925 North County Line Road, Route 1 Berthoud, Colorado 80513 January 21, 1994 Ms. Monica Daniels-Mika, Current Planner 0 g7 (�l754 Department of Planning Services �v� Weld County Administrative Services JAN 2 i 1994 1400 N. 17th Avenue Greeley, CO 80631 Weld Cac;;;Planning RE: Mountain View Estates 1 and 2 Portions of Section 5-T4N-R68W Dear Monica: As you requested, we are writing a letter with the questions we have following the Planning Commission hearing. We would appreciate�your response before we go to the County Commissioners so that we can mai€TInril8ftefficien presentation relevant to the areas you feel we need to address. 1. We would appreciate written confirmation of your decision that the minor subdivisions are located within Weld County's definition of the Urban Growth Boundary Area. 2. We would appreciate written confirmation of Mr. Lee Morrison's clarification that our two minor subdivision applications are valid with regard to the Recorded Exemption lots. 3. We would appreciate any clarification of your January 11, 1994 memo/letter of recommendation for denial with regard to which sections of the Minor Subdivision criteria in 14.5.9.1 through 14.5.9.16 (and 14.5.16.1 through 14.5.16.16 for the Board of Commissioners) that the Planning Department feels we have not met. If you have any questions, please call. Sincerely, Ivar W. and Donna M. Larson X/�/R 7 940302 mEmORAnDUm Inn Monica Daniels-Mika, W.C. Planning DataJanuaryl6, 1994 Tu COLORADO Jeff Stoll, W.C. Health Department f" )cI5 From Case Number: S-347 Name: Larson, Ivar & Donna Subject: Environmental Protection Services has reviewed the additional information provided by CDS Engineering Corporation which discussed "percolation test results and septic system recommendations for the proposed Mountain View Estates 1 and 2, which is part of the NE 1/4 of section 5, T.4N. , R68W. , of the 6th P.M. , Weld County, Colorado." The submitted materials indicate that the subdivision is suited for conventional septic systems and thus adequately addressed our concerns. tj/012.tj tAhtpeR/r 940392 t mEmORAnDUf mpg Monika Daniels-Mica 7anuary 28, 1994 I L`P�. Planning Department Date To Lee D. Morrison, Assistant Weld County Attorney COLORADO From Minor Subdivision Process Subject The question has been presented whether the minor subdivision process can be used on recorded exemption lots in light of Section 4 . 1 . 1 of the Weld County Subdivision Regulation Ordinance. That provision prohibits the use of the minor Ybdit ovfisionaprocess or rec sue iory change atnor lot any map or plan filed in the records recorded subdivision p of the Weld County Clerk and Recorder prior to the adoption of this view ordinance t is y controlling the use of the minor subdivisions, " ctnisubdinvisi hot that provision precludes process on town sites, major subdivisions, or other similar plats but does not preclude the use of the process on lots which have been legally created by means of the recorded exemption process . My reasoning is that recorded exemptions, as well as subdivision exemptions , are, by their definitions , an exception to the subdivision process and the reasons for disallowing use of the ons minor subdivision to recorded exemptions . This is f notexisting say that the do i not pertain parcel is not relevant in a discussion of whether history of the Comprehensive Plan or the minor subdivision meets the Weld County r the panpa cannot be trefused to be processed on the y Subdivision Ordinance, but basis that an application that it is on a lot of recorded exemption. e . Morrison Assistant Weld County Attorney LDM/db -JAN 2 8 1994 'WO rnunty Planning XH/8/T 940302 s BACON LAKE FARMS Colorado and Kansas Ivar W.and Donna M. Larson.Owners and Operators 925 North County Line Road, Route 1 Berthoud, Colorado 80513 February 13, 1994 Ms. Monica Daniels-Mika, Current Planner Department of Planning Services fEB 1 4 1994 Weld County Administrative Services old rouaiv Planning L. 1400 N. 17th Avenue w g Greeley, CO 80631 RE: Mountain View 1 and 2, A portion of Section 5-T4N-R68W Whitetail Acres 1 and 2, A portion of Section 14-T4N-R68W Dear Monica: We received your letter dated February 3, 1994, and still have specific questions as follows: 1. Our request was for you to respond in writing specifically as to where we have not met the requirements of 4.5.9.1 through 4.5.9.16 of the standards for Minor Subdivision of the Weld County Subdivision Ordinance. Please give details as to how we are not in compliance in the above referenced four proposals. Specifically, please correlate the planning department comments and to the numbered section which is pertinent. 2. Your response states "we may want to refer to Section 4.5.9.1 and 4.5.9.5". Are you stating that we do not meet those criteria? If so, please state so and detail specifically how and why we do not meet those sections in all four proposals. 3. We assume from your letter that we do meet all other sections. If this is not so, please specifically state which sections we do not meet. We will assume that no further response means we have met all but 4.5.9.1 and 4.5.9.5. Again, please be specific as to which one of our proposals you are referring. 4. We also would like a specific response as to whether we are in or not in Weld County's definition of an Urban Growth Area with all four proposals. There seems to be some confusion on this issue and we would like this resolved prior to meeting with the County /Xh'/Rir 940302 Ms. Monica Daniels-Mika Page 2 February 13, 1994 Commissioners. As you are aware, I have called Mr. Morrison and he has committed to clarify this matter in writing based on the Weld County Urban Growth Definition. 5. Your letter dated February 3, 1994, shows enclosures of"Department of Planning Services Recommendations dated January 11, 1994 and January 18, 1994", but neither were enclosed and we would like copies of both. We did receive the Planning Commission's Resolution and Lee Morrison's Letter dated January 28, 1994. If you have any questions, please call. Sincerely, • 1- dr'Larn-- Ivar W. and Donna M. Larson 9103"J2 o MEMORAnDU Winne Monica an Mika-Daniels To Planning o,:. Marrh 29 1994 COLORADO From Donald Carroll .416 Mountain View Estates 1 and Mountain View Estates 2 Ivar W. and Donna M. Larson I have reviewed the Improvements Agreement According Policy Regarding Collateral For Improvements Of A Private Road Maintenance and have the following comments: On the Exhibit A sheet under the improvement area, the street grading item under construction cost is blank. I am wondering if the applicant means to include the street base item and street grading item as a combination. On Exhibit B, the applicant is showing site grading and street base together with a 20-day completion time period. Under estimated construction cost, I agree with all the road and culvert items. :mmonical cc: Commissioner Kirkmeyer File J l ' MAR 3 1 1994 Phnning Z /1(////3// 940392 Hello